West Coast Times. WEDNESDAY, AUGUST 15, 1866.

West Coast Times, Issue 279, 15 August 1866, Page 2

West Coast Times. WEDNESDAY, AUGUST 15, 1866.

We publish iv full the" extraordinary confession made by Burgess, one of the four men accused of the West Coast and Nelson murders ; and in order to do so, withhold much other matter of local interest.

The s.s. Keera, bound to Greymoulh, left the river at midnight, yesterday. She takes away a full cargo for that port, he greatest portion of which was shipped here, the balance being " original from Dunedin. The Keera will leave the Grey to-morrow for Dunedin. calling off this port on her way, to receive passengers. Cobb's Christchurch coach left town yesterday morning, on its ' overland journey. Several passengers departed by it, amongst whom we noticed Mr Justice [ Gresson, Messrs Hawkes and Griffiths, and j a policeman having in custody two lunatics, who were evidently of an exalted type, as one sung, and the other prayed. Very pleasant company for His Honor we should imagine. We notice that our evening contemporary, the Sta?', has enlarged its size, and last night furnished its subscribers with a considerable amount of reading matter. We congratulate it upon the evidence thus afforded of renewed enterprise and energy. From some unexplained cause we are without our usual telegraphic messages. His Honor Mr Justice Gresson left town for Christchurch yesterday morning by the coach. The Gothenburg sailed for Melbourne with a heavy mail for Europe, aud had on board an unusually large shipment of gold, amounting to upwards of 28,000 ounces. *

June, from t^o Wnkauuiriua, towards Nolson. I ..walked on somo distance ahead, and made a fnv for dinner. My mates came up, and while wo wore at dinnor an old man passed towards Nolson. After he hud passed, one of the party — I do not know which — suid, " Did you notice what a 'poke' ho had?" — meaning, did you nolico the bulky appearance of his pockets. I Baid " Oh, ho is an old ragged man, and not likely to havo anything on him.' Levy remarked, ' If I had my will, nobody should pass to-day.' I was deputed, being the fastest walker, to follow the man, and get him into conversation, to ascortain where he came from, nnJ what moans he was likely to have. I overtook him, mid conversed witli him. Ho told me ho had been working for Wilson, cutting flax ; that he was an old -wfialer, and tha.t he was going to Nelson for tho purpose of getting a ship. AYe stopped for a short time at tho Tinline bridge. While thero tho rest of my mates came up,. The old man went on. I told my mates who the old man was, and said he had got nothing.^ Burgess replied, " It was a bad thing to let anyone pass. He js sure to know us, particularly you.' Levy said, ' I observed a bag in his pocket.' Kelly said the same. I went on after the old man. I got into conversation with him again, and shortly afterwards the others came up. Burgess paid to the old man, ' Come, old man, I think you have got some gold on you ;' at the same time presenting a revolver at his head. The old man drew a sheath knife from his side, and resisted. , Levy took hold of him, and fastened his arms with a strap. The old man said, ' Are you going to murder me ?' The old man said these words, in a very loud tone of voice, when ono of the men replied, 'We will, if you let the pay out' — meaning, if he hallooed. Burgess then sent mo up the road, and Kelly down the road, to intercept any person that might be coming along ;- and shortly afterwards I came back again and met Kelly. I heard a noise in the bush, which Bounded like persons coining through the undevbush. This was opposite where tho old man had been stopped. Levy was carrying a loug-handled shovel, which had been taken from the old man, 'and Burgess had a revolver. Three Ll notes, and a small quantity of silver was taken from the old man. Levy was the bauker, and kept the money. I did not know what had been taken from the old man until we camped for the niglit at. Frankly n's Flat. ' v Mr*3hallcrass here stated that, at the spot indicated by Sullivan, search was made, and the body of Battle was discovered by a man named Baker. Cross-examined by Mr Pitt — Sullivan afterwards told me that they had come on through to Nelson. He told me that on the way to Nelson lie had planted a shirt. A shirt has since been found ■where indicated. Tho shirt has not been shown to Sullivan I think. He may have ston it, but I do not thiuk he has. It answered to tho description of tho shirt which he says he hid. I got it from Constable Maiden. It has been in my possession ever since up to yesterday afternoon. Dr. Cußack has it now. The reason why the shirt has not beeu produced is, because it has never been asked for. There are other things which have not been produced — other things that tended to corroborate Sullivan's statement havo not been produced. Cross-examined by Sullivan — You mentioned tho locality of, but not the exact spot where Battle's body would be found. In giving me the information, you mentioned that you had marked a portion" of the roac that would lead to the body. j Mr Adams stated that the evidonce was now-complete in this case. Mr Pitt argued that there was no evidence on which to commit the prisoners Kelly, Levy, aud Burgess, as Sullivan's statement could only be accepted as evidence against himself, and not against the others. The depositions of the former witnesses, J. Jervis, J. Wilson, D. Cooper, G. J. Baker, C. E. Cotterell, and T. Galloway, having been taken, The Resident Magistrate asked the prisoners if they had anything to say, and read the usual caution to them. Sullivan said — I have nothing further to add, except that the statement furnished to Mi* Shullcrass was rather brief, and that I have sent in a more detailed statement of the mode in which the- old man was destroyed, written from the information I received fi'om the other three men at the camp fire. I refer .to the statement sent to the Crown Prosecutor. I wish to make a statement which is relative to the case, which is. that I have been threatened several times by Burgess and K^lly, since I have been in gaol, that they will hang me. ~ His Honor the Superintendent — Hang you, oi\ get you hanged ? Sullivan — Get me hanged. On the Wednesday morning, after Levy was taken away, both Kelly and Burgess told me not to be alarmed ; that they could ' cook' him — that is a cant word, meaning that they would do something to convict him. Kelly threatened, in gaol, to come aud see me hansred. and then he Mould go and squeeze my wife and children. Kelly, on being asked whether he had anything to say, replied — ' I told you I had not; I am innocent.' Levy said he had no statement to make. Sullivan said that Burgess had composed a song about him, in which ho abused his wife, and said he would see him swung. Burgess said he wished to make a* statement, but was interrupted by Sullivan, who 'asked the Magistrate to allow him to hand in another statement first. Burgess said he had prepared a statementwhich he wished to bo read in Court, but hdesired that this might be done in tho absence of Kelly Levy, and in the presence of Sullivan alone. The Resident Magistrate — I cannot comply with this request. i Sullivan passed to the Bench a written statement, which he begged might be read before Burgess. He said, ' I have dangerous men to deal with, and tho coinage of their brain is very great. I wish to protect myself against them.' Tho Magistrate received Sullivan's statement, and said, that the request made in it would bo complied with as far as possible. Burgess then commenced, in a firm voice, to read as follows, requesting that it might be headed THE CONFESSION OF BURGESS THE MURDERER. Written in my dungeon drear, this seventh day of August, in the year of grace 1866. To God be ascribed all power and glory in subduing the rebellious spirit of a most guilty wretch, who has been brought, through the instrumentality of a faithful follower of Christ, to see his wretched and guilty state, . inasmuch, that hitherto he has led an awful and wretched life, aud through the assurance of this faithuu soldier of Christ he has been led, and also believes, Christ will yet receive and cleanse him from all his deep-dyed and bloody sins. I rely on tho iuvitation which says, ' Come now and let us reason together, saith the Lord ; though your sius be as scarlet, thoy shall be white as snow ; though they bo red like crimson, thoy shall' be as wool."' ' On this promise I rely. He has told me Christ will pardon me who am deeply dyed wit!h the blood of my fellow creatures. Ho has shown mo the inestimable valuo to be derived by fleeing from the wrath to come. He tells me that, in order to obtain this, I must disburden myself before God, just as I am — a guilty wretch. He says, Christ will cleanse mi! (if I will but go to him with an humble aud contrite heart) of the enormity of the uu-

heard of crimes of which lam guilty. r Jhus humbled, 1 will now unfold to you tho heinous sius that hnvo been committed on the part of tho prisoner Sullivan. Ho has been guilty, in order to save his miserable and wretched life, of trying Jo sacrifice tho lives of others in order to save his own. But it 6hall not bo done. Justice shall bo done to tho murdered mon, who have boon sci!.t hurriedly out of this world, at the expense of my own immolation on tho ultar of justice, and tho lasting execration and odium of my fellow-creatures while time continues, as a most bloody murderer: Therefore, all ye that aro hero assembled, listen, aud while you listen, weep. Weep and listen to the confession of the murderer of these men who havo been foully murdered among yom Before I bring the Bceue of this bloody drama before you afi it was enacted, you must accompany mo in my revelations to the time I first saw tho prisoner Sullivan. It will only bo a synoptical view I shall now give you, because it is very distressing to me to furnish you with moro, for I have not facilities afforded me sven to give you this. ~ It was written in tho dark, aud on my knees, so that you will only have a brief account ; but it is the truth you will thus have, for I have no further motive than the furtherance of ju3tico in this my bloody confession. It can do me no good in a worldly point of view. It is not done thinking that I shall be able to spare this miserable life of mine. No ! the reward I look for on earth is the execrations of my fellow creatures while tho world continues. I trust I shall bo rewarded by God, not by men ; for I offer my vile body at any moment to atone for what I have done ; but it (his confession) is made to disabuse tho public mind of the perjured and guilty statement of the prisoner Sullivan, and to spare" the effusion of innocent blood from being shed. For tho murderer Sullivan is a wretch who would go any length to save his own life, since thero is undeniable proof of his guilt. . I will now.proceed to put you in possession of tho truth :—: — I was walking one clay in tho streets of Hokitika, with Kelly, when he drew my attention to a man w.hp.paged us. Ha said. ' I think I ,know that' fellow ; if so, ho is an old schoolfellow of mine ; his aamo is Sullivan.' Ho said, ' Such a character ! ' No moro was then said. But in a few days after, Kelly came to me, and said, " I was right the other day ; that was the same party ; I left him at the Rose, Thistle, and Shamrock Hotel j come up ;' which I did, and there I saw Sullivan sitting in tho parlor. We amused ourselves by playing at cards for the most part of the evening. Then Sullivan began playing a man for money. Sullivan began to cheat ; words ensued bo,tween them ; then they went outside to fight, and Sullivan gave the man in charge for robbing him of half-a-sovercign. The man was locked up, and I said to Sullivan, ' What is this you have done ? ' He said, ' Do you think I was going to let a wretch like that best me V This was the beginning of our acquaintance. Shortly after this wo became on very intimate terms ; so much so, that I took him with me ' to effect several robberies — two in particular ; ono being on the banker at Ross Town, Mr Kerr, which was not accomplished. I may mention here that Sullivan, at the time of our fir.-t intimi oy, showed me the bottle of strychnine mentio led in hi-* statement, and Here the Resident Magistrate interrupted, by saying that he thought the statement irrelevant, and that lie did not think he could allow it to go on. Mr Pitt said, that as the statement had been commenced, he thought that tho whole should be taken. The Crown Prosecutor, being of tho latter opinion, Burgess continued— Which he brought from Melbourne. I said to him, ' What made you bring tho like of this with you ?' He said to me, ' You don'b know the value of this. Who knows but what wo may require this in some big tiling we might want to do.' These were his words, as nearly as I can now recollect. The other robbery was that of Mr Fox, the banker at the Grey ; at this time I was meditating robbing the bank at Okarita, in order to effect which I said it would be necessary to procure some trooper's clothes if possible. I watched my opportunity, and robbed> the camp at Hokitika. I took four revolvers and cases, sword-belts, aud cartouch and Bashes, with their pants, &c. After I had effected this, I said I must bo very steady for some time, or else suspicion would fall on me. I said, to provide against any accident from happening through neglect 'or any other mishap, I should provide myself with a competent witness ; so with that I proposed taking tho man Chamberlain, now in charge at Hokitika, to go aud see the ship Maria as she lay on the beach a wreck, and on tho way finding some of the property taken from the camp. On the way 1 kicked the sand where they were planted, and thus exposed them. Chamberlain picked them up aud gave them to me. I said, ' Look about, there might be something else.' Shortly after I was taken on suspicion, and searching my dwelling they found two revolver-cases belonging to the camp. The revolvers I had lent that night, just before I was arrested for the robbery. At the investigation, Sullivan came up with Chamberlain, and swore he was with me when they were given to mo by the latter, which re- , suited in my acquittal. This is but a specimen of his abilities. Since he has been in custody, he has tried to make hiuiself useful at the sacrifice of all truth and justice, for ho has given information against this said Chamberlain, whom we gulled into believing that ho found thosJe cases, which the man really thought he did. , With him he has charged Mr Uarr/ the constable, against whom he knows ho had a greater antipathy than any man in the force. Perhaps this is the way he he has cho3en to pay him out. After I was discharged I felt that I must leave Hokitika — for a while, at all events. So with that we proposed going to the Grey. We arrived ou Saturday, the 26th May. I took up my residence at the Provincial Hofel. SullivaD began drinking, and spent what money he had, which was very little. He left the Greymouth township on the Sunday niglit, and did not return till the Tuesday following, late in tho clay. During this timo Mr Dobson, surveyor, was murdered. Sullivan came to town, and sent tho man Wilson, at Hokitika, now charged with tho murder of Mr Dobson, to find me, aud tell me to go to the bridge. I went to the bridge indicated, and there I saw Sullivan. He told mo they had made a great mistake in stopping a man whom they took for a banker, aud who turned out to be only a survoyor. He said, 'Ho was such a nice young fellow. After we stopped him wo could not let him go, so I took him off the road about a hundred yards, and there we burked him (meaning choked him). He said laughing while in the bush, ' Did you think I was a banker. Here is all I have, some six pounds odd.' " Sullivan said, ' I buried him, uompass and all, for he had a compass with him.' Ho has since been found, I believe, by the murderer Sullivan telling where was buried. And mark the atrocity of his acts. He has since charged an inoffensive man, Wilson, with complicity in tho murder, who is as innocent as the babe at its mother's breast. Sullivan said, 'Where is Tommy?' — meaniug Kelly. I said, •Ho is over at Cobdon.' He said,*' Well, what is to be done ?' - I told him that sinco he had been awny, I had heard there was a bank at the Buller, and I thought of sending for a" man I had known at Hokitika, aud ask him if he coidd come with us and put tho bujk of tie notes away for us. He said, ' A good ider ■ So with that, I sent, a note then aud there to Levy, asking him if he would' come. He replied to tho letter 'That if it was worth while he would;' and

como ho did. We shipped by the Wallaby ; but before leaving, I asked Sullivan how much money he thought we might want to take with us ? He remarked, ' Oh, wo have got plenty.' I said, ' When we get there we migut have to wait. I will go and got LlO more tt all events.' We arrived at tho Buller, and then found ihat it was untrue about a bank being there ; so it was settled thai we should go on to Nelson by the Wallaby, and from there to Havelock, and thence to Picton. Wo camo hero, as you have heard, on the 6th June. We reached Canvas Town, as you also know ; but, before leaving the Wallaby, Sullivan brought away with him the cook's largo knife, which he charges Levy with doing. I asked him what he wanted with that. He said, • I would sooner have it, and, a revolver, than all tho number of arms you could give me. Armed with these, I am a battery of defence,' or something like this. After we reached Canvas Town, I told Levy that we should not go any further that day, so he might as well ran up to this Deep Creek, and see what sort of place it was. He went, and after he had gone we heard that Havolock was such another place as Canvas Town. We said — that is, I, Sullivan, and Kelly, that if we were going on to Picton, which was undecided, that it would not do to go by the road, for there wore no wayfarers travelling, and the residents on the road took great notice of all who passed ; so that the best thing we could do was to return > back to Nelson, aud proceed by boat to ! Picton. This wns settled during the time ( Levy was away. We ground tho knives, as Sullivan has said ; in the evening, I cleaned the guns and pistols, but did not load them as Sullivan has sworn. Levy returned on the Monday afternoon. He brought a newspapor, but for the life of me I could not say whether it wns a ' Marlborough Press' or not ; I know it was a newspaper, and contained matter regarding the 11 bank at Pioton. I asked Levy what sort of a place it was where he had been to. He'saiditwas a poor place, and that he suw about fifty or Bixty people there, lie should imagine He remarked that ho knew a great many of them. He stopped at Mathieti's public-house, whom he also knew, ne said Mathieu asked him how things "were progressing on thp West Coast. He told him. Mathieu replied he was goiug there to-morrow himself, with some more friends ; at the worst on Tuesday. I told Levy that we were goiug back to Nelson in the morning ; that Picton was a good distance'from there ; farther, I believe, than it was tq Nelson. He laid down, when I, Sullivan, and Kelly went out. I said, 'Wo will intercept these people on their way to Nelson ; Levy says that publicans are storekeepers und everything in tho buying lino. I remarked another thing : They are going to the "West Coast, and its ten to one but they will .buy up all the gold they can get. Kelly said, 'Do no such thing.; we did not come here to do that ; you could have done that whore we have come from with groater certainty of, having somethirfg for your trouble.' ' Well,' I said, ' that is right enough ; but we did not bring money sufficii?ut with us. We may have to remain in Nelson a week, and then wai£ perhaps at Picton.' He said, ' I have got about Ll6, besides what you havo, and that will sco us over three or four weekß nicely.' ''Well,' I said, ' I shall put those people up ; who will be any tlio wiser that it .isme ? I will keep secluded after I have done it; so I'll do uV Ho said, 'It is just like you ; you won't be reasoned with. I should like, before you set 'this road on fire, to bo at Nelson.' I said, ' That you can do ; these pecple don't/ start till to-morrow ; by that time you can reach Nelson ;' we shall go as near it as possible.' Sullivan said, * I think it is the "best tlu'ng wo can do. Who knows what gold they might bring down with them. So Dick, you 'ond I will do it. Let them go on to Nelson. It don't want us all to do it.' So the next morning we started. Sullivan said, in his statement in Court, that to save the boat-hire ho waded through the river. Now* in the first place, there is no boat but a Maori canoe, which could only take ono of us over at a time, in consequence of the then state of tho river, which was that low that wo crossed it without wetting our boots as high as the ancle. We all had big boots on. Mr Jcrvis can disprove what Sullivan said about crossing the rirer,for he was looking at us. We proceeded on our way without anything happening till we reached three miles this side the Pelor us bridge. Then wo stopped and had some dinner, and, whilst having it, an old man came by, carrying a shovel ; he was going on to Nelson. As he passed, he gave us the time of day, and passed on. There were no remarks passed whatever about the old man. After dinner we proceeded on our way. Sullivan, as usual, in front. We wont for some distance without stopping. In journeying on I walked p'-incipally with Kelly. He tried all he could to dissuade mo from having anything to do with these men. I got offended with his continued importunities, so I went ahead, and " overtook Suliivan and the old man, who were sitting down near a bridge. I put my swag down, which consisted of fire-arms, and joined them, and, shortly after, Kelly and Levy came up, when Kelly said, ' Well, I'll wish you good day.' I said, ' So long.' Levy also said, ' Good bye, master,' meaning me. They then passed on. When they were gone, Sullivau remai'ked to me that he thought the old man ' held it,' meaning that he possessed something. X poolied the notion. ' Allow me to know ; you must not go by appearances., Shortly after this the old man picked up his bit of a swag aud passed on. We followed not long afterwards. We went some distance, Sullivan still in advance, a good way ahead. When I camo up with him he had overtaken the old man, who did not walk very fast. They wore in serious conversation, and the old man, in reply to a question, said that he had been working for Mr Wilson, grubbing up flax at so much per acre. We then proceded the old man up the range, when Sullivan said, ' I don't like that old fellow — I noticed when I overtook him thia last time that he had shifted the position of his knife. He partly knows who we are ; so, since wo are going to do these people over • (hia very words), I think wo had better prevent him from doing us any harm hereafter.' I said ' Very well,' so with that we put our swags in the bush and turned back and met the old man coming up the road. Sullivau was in advance of me, and said to the old man, ' Did you see a knife lying ou the road, for I have lost mine out of my sash ?' By this time I was quite close to them. I pulled out a pistol which I had taken out of the swag, and which, was empty, but I had put some pieces of paper in the chambers of the cylinders. I told him I thought ho had aonio gold. He assured mo that ho had not. Sullivan said ' Let's see.' He then caught him by the arm. At this the old man put his other hand on his knife, when I caught him by the wrist and took ifc from him. I said, 'Come down here.' He replied, '. I won't,' and then sat on the ground. He said, ' Are you going to murder me?' -I said, ' What an idea to enter your head.' He | refused to go. .when I took liim by the throat, then lie said ' I'll go, I'll go.' So with that we took him down the hollow, some fifty yards an the lower side of tho road. The old man said ' If you murder me 1 shall be foully murdered.' We made him sit on the ground. I then took him by the throat, and held him until he was nearly dead. When I released my hold the confined air came bubbling up through his mouth, when Sullivan drew his list and struck him a severe blow on the abdomen. Sullivan took the old man's shovel, and raked a hole just where the old man lay. We rolled him over. He stopped iv the hole,

with his face downward. We covered him up and left him. When we regaiuod the road Sullivau said, • That is a bit of nasty work, for nothing J; but it was not for what he ha"* ; he might have done ua a deal of mischief.' We went about a mile, and then camped for tho night at Franklyn's Flat, I believe it is called. We camped in one of the j old skeletons of a former house. We had no. tent, but the fly of one. Kelly and Levy Had the tent. We had no biUy t that also was with Kelly ; we made shift with what we had. Before I lay down I loaded the guvs and pistols* In the morning, wo started early tdwards Nebon. Wo went to tho spot where the rock crops out near the roadi I must mention this was tho place we stopped at the first night after wd left Nelson for Canvas Town. We put our swags in the bush, and cleared a place to take the horse off the road. We then took up our stations. Sullivan remained behind the rock, because that gave him a view of the road by which the men were coming. He could see a distance of 630 yards or, more ; he was looking down a descent. I crossed the road, and took up my position. I had command of the road from Nelson. We remained secreted for some thno, when a horseman passed. Shortly after, men with cattle, from Nelson, and then some Maoris on horseback. The day was getting advanced when we chanped positions, in consequence of mine being in the shade and Sullivan's in the sun. We remained like this till Sullivan came from his covert, and said ' Here is a young woman, and a fellow carrying a swag ; I will put them up.' I said 'No.' He said, ' I will.' I replied, 'If you do — x With this they rose the incline, and came along. I wish to God I had let him stop them ; these men would not have been murdered, but I should have shot Sullivan ; for when ho persisted in his demand I rose my gun, and as sure as he had stopped them, he would have rolled over a dead man, for in my hand a gun is a formidable weapon of destruction. So Ann Fulton, for such it was who passed, I saved you froni a worse fate than death; but that would have followed. So when you heir the fate you thus escaped, you, if no else, can speak on, behalf of Bur; gess the murderer, who now solicits your prayers on behalf of his guilty soul. After they passed, Sullivan remarked. ' You are a fellow.' I made some answer about mother and sisters of our own. Shortly after, a horseman was coming in tho direclion of Nelson ; it was Mr Birrell. We were getting impatient, and we saw four men aud a pack-horse coming. I left my covert, aud had a look at the men ; for Levy had told me that Mathieu was a small man, and wore a large beard, and that the horse was a cheßnut one. I said, ' Here they come !' They were a good distance away. I took the caps off my gun, aud put fresh ones on. I said, ' You keep where you are. I'll put them up ; and you give me your gun whilst you tie them.' It was arranged as I have described. Tho men came up ; they arrived within about fifteen yards, when I stepped out, and said, ' Stand Bail up I' That meant for them to get togc_ ther. I made them fall back on the upper" side of the road, with their faces up the range when Sullivan brought me his gun, and he tied their hands behind. The horse was very quiet all this time, and did not move. When they were all tied, Sullivan took the horae up the hill and put him in the bush ; he then cut the rope, and let the swags fall on tho ground, and afterwards came to me. We then "marched the men down the incline to "the creek, tho water at this time barely running. t Up this creek we took the men, and went, I daresay 500 or 600 yards up it, which took us nearly half an hour to accomplish j then we turned to the right, up the range. We went, I dare say, one hundred and fifty yards from the creek. There we sat down with the men, and I said to Sullivan, c Put down your gun, and search these men, 1 which he did. I asked thorn their several names. I asked them if ti ij were expected at Nelson, and they said ' No.' If so, then.' lives would have been spared. LTmoney we t6ok L6O odd. I said 'Is that all you have ? You had better tell mo.' Sullivan said, ' Hero is a bag of gold.' I said, ' What's on that pack-horse — is there any gold ?' - When Kempthorne said, ' Yes, my gold is in the portmanteau ; I trust you will not take all:' ' Well,' I said, 'we must take you away one at a time, because the range is steep just here, and then we will let you go.' They oaid, ' All right,' most cheerfully. We tied their feet, and took Dudley with us. We went about sixty yards with him ; this was through some scrub. It was arranged tlie night previously, that it would bo best to choke •them, in case tho report of the arms might be heard from- the road, and, if they weremisßed they would never be found. So we tied a handkerchief over his eyes. Then Sullivan took tho sash off his waist, and put it round 1 his neck, and so we strangled him. Sullivan, after we had Mlled the old man, found fault with the way he was choked. He said, ' The next we do, I will show you my way.' I said, ' I have never done such a tiling before. I have shot a man, but never "choked one.' Wo returned to the others, when Kempthorne said} ' What noise was that ?' I said, 'It was caused by my breaking through the scrub.' This ,was taking too much time, so it was agreed to shoot them. With.- that I said, ' We will take you no further, but separate you, and then loose one of you, and he can release the others.' So with that Sullivan took De Pontius to the left of where Kempthorne was sitting. I took Mathieu to tho right I tied a strap round his legs," and shot him with a revolver. He yelled. I ran from him with my gun in my hand. I sighted Kempthorne, who had risen to his feet. I presented my gun, and shot him behind the right ear ; his life's blood welled out, and he diod instantaneously. Sullivan had shot De Pontius in the meantime, and then came to me. I said, ' Look to Mathieu/ indicating tho spot where he lay. He said, ' I had to chive that fellow; lie was not dead. Roturniug to the road, wo passed where De Pontius lay. He was dead. Sullivan said, ' This is the digger ; the other* were all storekeepers ; lot us cover thorn up, and should the others be found, they will think ho has done it, aud sloped' — meaning that he had gone. So with that we threw all the stones on him, and left. This bloody work took nearly one hour and a half from tho time we stopped the men. iSullivan says, in his guilty statement, that I returned in the space ofa quarter of an hour. You could not reach the place where the men were murdered under that time. We searched only the box or portmanteau. There we found gold belonging to Kempthorne — some forty-six ounces. We repacked the horse, and a horseman passed, going to Canvas Town* I left the horse, and wont behind the rock. There I saw a man on foot speak to the horseman. I heard the word ' No,' and they then parted. The man on foot passed in tho direction of Nelson. I told Sullivan what I Jhad heard. We , paid no attention to these men passing, because I- had asked the men if there was anybody else belonging to them behind. Wo then led the horse on the road. ' We did not proceed far, when Sullivan threw the" two shovels down the gully ; one was our own, the other belonged to the old man who was murdered. We went about half a mile, or it might be more. The reason we took the horso away thus was to prevent anyone from knowing the spot where the deed was done. On the road, Sullivan threw the gun produced away. .It was his own. He brought it with him to the Grey. Ho also put a shirfc, foul with the blood of Mathieu off the road, and hid it behind a doad log. It was nearly a new shirt, and had a slight rent on the right arm.

Sullivau — I wish your Honor would ask him to describe -that rent. \ Burgess continued — We took the horso down tho gully and there shot him, It was not Levy who was afraid to lead him down, but Sullivan We then proceeded on tho road. We did not stop till we reached the old chimney on this sida of the Maungatapu range, when wo had done these bloody deeds. We kindled a fire, not to make tea, but to read the letters and other papers wo took from the men, which we kindled with these papers; There I undid the swa»s, and put the gold in them, and threw the powder I had in my pocket away, fand the pepper which wa3 in the haridkerchief, with the remains of a cooked fowl which we killed, belongiug to the Maoris at Canvas Town, in. consequence of Mr Jems . having no meat. Hero we planted the satchel and gold bags. We then journeyed dm When we came within a mile of tho first accommodation house from Nelson, I heard come one speaking. When Kelly said, 'Is that you, Dick ?' I remarked, ' How is it that you did not reach Nelscm ?' He said ' I got too tired, and could get no further ; so me and Phil drew in off the rroard r and covered ourselves in the bedding.' Going along, Kelly asked me 'If I put them people up ?' I said 'Yes. 1 I did not tell him I had murdered them. He said ' I did not like to be seen on the road, so I waited till it became dark, when I was going to start.' He said, ' How much did you get from them?' I said, ' About L 300.' He said, ' I would not have had it happen for so many thousands.' He said, ' They will reach town to-morrow.' It was arranged between me and Sullivan before wo came unexpectedly on Kelly and Levy, that, when we reached town I must take charge of Levy, iv case the3e people should be missed. He said, 'We can tell Tommy,' meaning Kelly, ' that we putthe3e people up ; there is no fear of him ; besides we shall be away as soon as possible. We must not let that Jew know anything. Do you know, Dick, I don't like him ; so we must mislead him by telling him we put a fellow up and got some gold. Accordingly, we did ' so— -Levy never knew till he was arrested that the men had been murdered. Coining to town, . a man came out of the accommodation house, distant about four miles, because the dogs had given the alarm of our coming. Wo hid ourselves, and he returned to the house. When we were passing a woman looked out, ' but w thoufc a candle in her hand. She culled her little dog"' and we passed by, but sh» could not tell if there were two or four men passed ; but there were four. We reached town ; we separated. I told Kelly and Sullivan to meet me a,t the . port in the morning. I asked Levy to take me to some quiot pi ice. He said, 'i am at a loss, I am almost as great a stranger here as yourself.' We went to the Italian Oyster Saloon, kept by Leodhrd. Levy asked liim, by way of introduction, how far it was to Colh'ngwood ? He then asked him about some ac* quaintance of his, and then finally asked him to accommodate us with lodging, which was accorded to us after a little more conversation. In the morning I met Sullivan at tfie place appointed. I said, 'We will go and sell the gold ; como on ono side and we will alter the amount in the Irags.' I took one~ bag aud Sullivan the others. I took my bag to the Bank of New South Wales, in Trafalgar street. I had on a dark reversible coat, and a plush hat. He went, I believe, to tho Union Bank with his. ,We met, that is me ajid Sullivan. He produced a bank receipt for the amount of his gold, which came to LIOO odd. He said they asked him where" the gold came from. He said ' From the Grey.' He said he had Bold it under the assumed name of ' Clarence Everest©.' I produced a bank receipt for the amount of gold I sold, which came to L7O odd. They asked me no name, but where the gold came from. We met j that is. I and Sullivan ; we divided the money. He said, 'There is some more gold, which I kept back to sell with the large nuggets which we got off the persons of those men. I will go and sell them by-and.by, with the gold mixed.' I said, ' All right ; I will go aud change myself.' With that I had a bath, and altered tho shape of my whiskers, which at that time were all round my face. I got thorn split at the chin. I then cleaned myself, and we all met at tho lower (upper ?) end of Bridge street. I told* them where I sold the gold (the Bank of New South Wales), was tho easiest place to be done I ever saw. I said, ' When the Airedale comes in, we will/ go to Taranaki, and wait there a month, and come and do this instead of the Bank at Picton;' I gave Kelly L2O. He said, 'I do not waut any yet.' To Levy I gave LlO, but not in the presence of the others. In the afternoon Sullivan came to me, by appointment, opposite the church in Trafalgar street. He gave me about L2O, as my portion of the remainder of tko gold. He said ' They kept me a long time, in consequence of the assayer being absent, and he valued the large gold at L 3 13s per ounce. The ot!\er I sold by itself.' He said. ' I have got too many sovereigns. I want two or three large notes. I want to send that woman of mine something," meaning an abandoned woman, who Sullivan (excited) — Do you tolerate this, your Worship? Will you allow him to speak in tins way about my wife, in my presence.? The Eesident Magistrate directed Sullivan to be quiet, saying that Burgess must be allowed to make his statement without interruption. ' ' Sullivan — I wish your Worship would order me ou< of Court. Burgess resumed — I do not mean: his wife, your worship ; I have better sense than to speak thus' 'of her. I mean an abandoned woman that came over in the ship with him, and with whom he was having illicit commerce at Hokitika. I said I would get some largo notes, and see if they would recognise me or not. On my return, I said, 'They don't know me.' ' Know you,' he said, ' your own mother would not know you.' We used to meet, as he said, of an evening, because I never left Levy ten minutes together all the time we were in town. During these meeetings Kelly said to me, ' There is nthing about this bit of work.' I said, * Oh, they are keeping it quiet.' I silenced Levy the same, if he ever alluded to the fellow I put up. Things continued like this til} the Monday morning, when Sullivan walked into the oyster saloon, and beckoned me out. I followed him out. There was Kelly on the other side of the road. Ho motioned me over, and we went as far as Mr Edwards' store. He said he was in Dupuis', the barber, getting shampooed, when he heard the 'Sergeant of Police tell the barber about these men being missed. He said, ' What did you do with them, Dick ? ' Sullivan said, ' What odds— lot them find them ; who knows it is us ! Was nobody else ou the road?' I returned to my lodgings, and had. breakfast. I kept Levy in the house until dinner time ; I then took him out iHto the suburbs, and we sat down on the grass until nearly dark. I saw Sullivan again in the evening, in tho absence of the others. He said, 'It is all right, Ovrens has quashed ifc altogether. He suspects three Italians ; so he has sent a telegram to intercept them ; they are supposed to have gone in the Kennedy.' That night, just before going to bed, Levy said, ' Will you take a glass of porter, master, before going to bed ? ' He went out, and did not return. I went to bed, and fell asleep waiting for him. I never missed him till the morning. I then cleaned myself, and went down' the town, where I saw Sullivan. He was the first who told me about Levy being apprehended. He said that Owens described him as a ' dark-looking ruffian.' I said, 'Where is Tommy?' meaning Kelly. He said 'He liaa gone with Potter for a ride.

lam going too. There is a horse left for me in the stable.' I left him. I saw him soon after, on the "Wainiea road, riding a creamcplored pony. He said, ' You might as well come for a ride.' I said, ' I want to see Tomnay, for T think we had better go : you don't know what might happen.' With this he went and got me a horse. We w eut as far as the Plough Inn, and remained there some time, to kill the day. On the road thither we stopped at the turnpike-gate and I threw down a shilling for the toll of the htn-ses. The woman picked it up off the ground, and asked us, in tho presence of a young man, whom I took to be her son, 'If there was any news about these Unfortunate men?' We said that ' One man was arrested for being a suspected party.' Further on the ' road, I alighted at the first inn on £he righthand side. Up to this, I rode a cream-colored pony ; Sullivan, the bay horse, hired for me. I asked for two glasses of ale, which were' . brought by the landlord. The landlady came to the door, and said; ' Any news about these men ?' when Sullivan said, * It's all' moonshine ; they may have gone overland to tho Buller, or elsewhere.' The landlady said, 'It was very wrong of them if such was the case, and they ought to be severely punished for upsetting the public mind.' When we started from the Plough Inn, Mr Potter came by in his gig, driving his wife, child, and Kelly with them. I rode my horse ahead, because Sullivan stopped with them. I returned the horse, and paid the hire. I asked what was to pay, The livery-stable-keeper said 12s 6d. I said, ' the horse has only been as far as the Plough ; there he baa been baited.' He said 'Well, give me half a guinea.' He said, ' You were not the gentleman who hired the horse.' I said, ' No ; it was Ms Symonds.' 'I Baid, 'We shall want two horses to-morrow.' He said, ' I will let you have two fresh ones.' Sullivan came with Kelly to Collingwood Bridge. I told them, ' Since Phil,' meaning Levy 1 , • was taken, it would not do for me to return to my lodgings.' Kelly Baid, ' Well, I shall stay where I am.' I shook hands with him, and told Sullivan to come with me, and see if there was any suspicion on me whero I lodged. I then left. Sullivan came after me at a gjeat distance. I felt piqued that lie did not come quicker. Not far ahead, I saw a constable in disguise, pretending to light his pipe. The constable was Mr Murphy. I knew his mission. I was aware who he was. Sullivan came by I allowed him. to pass. He crossed the road and moved on. I could see I was surrounded. Murphy stopped Sullivan, and asked him to go to the Oyster Saloon to fetch one of the Italians, to see If I was the man that lodged there. This Sullivan told me the next day in the watch-house. Sullivan left, pretending to go with the message. He went down the street, instead of coming over to me and telling me. Shortly after, I was arrested not far from the station. I had no arms with me, or you would never have been put in possession of the foul and bloody way in which we effected these murders. Sullivan said in his statement I removed my arms from the Italians, the night Levy was taken. I planted them the first night I came into town. They are to be found where ten cottages are newly erected. At the end of the last one there is a gorse bush, and in the bush there is an opening. The arms are in the opening. They consist of a double-barrelled gun, one revolver, and one pound-canister of powder, rolled up in an oil-cloth. When we were at the watchhouse, and Levy had been removed, Sullivan said, ' I was not far 'wrong about that bloody Jew.' I said, 'I am' surprised at you not knowing better ; it is only a ruse on the part of the police to create a misunderstanding among us. Another thing, if he does suspect we killed those men, he would put Mb foot in it if he opens his mouth.' The day after we were in tho -watch-house, the bill reporting the murder of Mr Dobson was put up on the door of the cell. I was cognizant of the murder of Mr Dobson. Two days after, the man •"- ; tone arrived. [Stone was the man who was • mrged with robbery under arms at the Grey, and who had broken out of the gaol at Cobden, and made his escape to Otago, where he was re-captured. He was being taken back to Westland.l He was put in the same cell with Levy. He told him ifc was reported in the papers, that me and Kelly and tSullivan were supposed to have murdered Dobson, which account was borne out by constable O'Brien, who said there was a warrant issued for our arrest. Sullivan said, c I blame the man Wilson for it.' The night Levy was removed, the bill was torn down, and another one put in its place. When we got up in the morning, I i-aid, 5 What have we here ?' I said, • Here is a rum affair !' for we could not speak without the constables hearing us, so I made little of it. I read it, and remarked to Sullivan, ' Now, what do you think of the Jew ?' Shortly after Sullivan said he would write to his wife ; he was let out for that purpose, when he made that guilty and bloody statement. The Resident Magistrate — Mr Pitt, if this is to go on much longer, I must adjourn the Court till to-morrow, Ido not see the use of all this. Burgess — I have nearly done, your Worship. Mr Pitt — He has very little more to read ; but he is in your Worship's hands, and, if you think proper to stop his statement, you of course can do so. The Crown Prosecutor — I think ifc would he better to allow the prisoner to finish his statement. Burgess resumed — I have now finished this awful version. Let me again repeat my motive in making it. It is that the red-handed and bloody murderer, my confrere in these bloody deeds, shall not abuse the public mind, by sacrificing the innocent lives of others for what he has done. By giving credence to his guilty statement, justice is outraged, innocent blood is spilt, and the clemency of the crown is abused. Mark the victims he is about to sacrifice, who, by my just and offended God, are innocent of these men's blood ; and had I been pursuaded by Kelly, these men would have been still alive. Levy was a man whom we brought with us for

another thing, and by my otornal damnation hereafter if I lie, does he know anything about ifc. He was the cause of their being murdered, but he was the innocent cause, for after it was done, he was not made a confidant of. Chamberlain, at Hokitika, ho is innocent" Wilson, for tho murder of Dobßon — than which never a greater villany was enacted by one fellow against another, than to charge with complicity in this deed. I trust, before the coming trial, if the Government will but show itself to see tho Innocent righted, 1 shall be able to prove, by competent witnesses, that the man Wilson is innocent of what ho is charged with. Why has Sullivan made these people his victims? It is ..because there is undeniable proof of his own guilfc. Thero is his shirt befouled with blood, fouud on the road ; the gun, which the Government may be able to trace to him ; and tho banker, where he sold his ill-gotten gold ; all of which he knew would come against him. I was nearly forgetting to repeat the innocence of Mr Carr, the constable. I bore him enmity once, but I forgive him. And what is my roward for all this that I have told you ? Oh ! God assist me in this my hour of need, for I have indurred their everlasting curses whilst tlrjs unfolding my guilty conscience to my fellow-men. But what care I what they may say or do to me, if I can attain God's blessed forgiveness for these my bloody crimes. All you that acknowledge God as, your Father in heaven, pray to His dear Son on my behalf. Amen.

This concluded the statement, which occupied the attention of the Court for over five hours ; when the Court adjourned until Friday, at eleven, a.m. Immediately Burgess had disclosed where the arms were concealed, the constables went to the Bpot, and, in the presence of a large crowd, they were found at the place indicated, and brought into Court before the close of the proceedings. Feidat, August 10. The four prisoners, Burgess, Kelly, Levy, and Sullivan, were again brought up yesterday morning, before the Eesident Magistrate. Sullivan was allowed to sit in a chair, which was placed at the side of the dock. The confession of Burgess was read over to him, at the conclusion of which he signed it, saying, ' I have signed my own deathwarrant.' The Eesident Magistrate fully committed all four prisoners for trial at the approaching session of the Supreme Court, which he believed would be held about the 12th of next month. At all events, the Judge would arrive here pn the 10th, and the trial would take place shortly afterwards.