CONFESSION OF BURGESS

West Coast Times, Issue 295, 3 September 1866, Page 2

CONFESSION OF BURGESS

COMMITTAL OF THE FOUR PRISONERS FOR THE MURDER OF JAMES BATTLE.

(FROM THE XEISOX EXAMINER, AUG. 11.) RESIDENT MAGISTRATE'S COURT. TnrßsmY, AumrsT 9. (Beforo J. Poynter, Esq., Resident Magistrato, and a fiill Bench of Magistrates.) On Thursday morning, the four prisoners, Burgess, Kelly, Levy, and Sullivan, were placed in the dock, in the Magistrate's Court, on the charge of having murdered James Battle, on the 12th of Juno last. Notwithstanding it was pouring rain in torrents, the Court wn* crowded. The first witness examined was Sergeant- Major Shallcnws, who, being sworn, said : I received information from Sullivan, jon the 28th Jjune, that he wished to communicate something to me. I afterwards saw him, and had some communication with him. He made a statement relative to Battle's murder. I took it down. ' Mr Pitt objected to the statement of Sullivan to Mr Shallerass being brought as evidence against the other prisoners, ns it had been elicited by the promise of a reward from the Government. Examinatiou continued : Previous to making his statement, I held out no promise, inducement, or threat ; on the contrary, I cautioned him that .whatever he told me would be taken down in writing, and might bo used as evidence against him. Ho saiil, ' I sun awaro of that ; but I wish to make a statement.' He made the following statement, which I wrote dowu. Mr Shallerass then read the following :—: — Burges3, Levy, Kelly, and myself, started *nrly on Tuesday morning, on the 12th of June, from the Wakaumrina, towards Nelson. I walked on some distance nhead, and made a lii-e for dinner. My mates came up, and while \w were at dinner an old man passod towards Nelson. After he had passed, one of the party— l do not know which — said, (> did you notice what a ' poke' he- had ?" — meaning, did you notice the bulky appearance of his pockets. I said " Oh, he is an old ragged man, aud not likely to have anything on him.' V levy remarked, 'If I -had my will, nobody should pass to-day.' I was deputed, being the '* fastest walker, to follow tho man, rind get him into conversation, to ascertain where he came from, and what means he was likely to have. I overtook him, and conversed with him. He told me he had been working for Wilson, cut-* ting flax ; that he was an old whaler, and j that he was going to Nelson for the purpose of getting a ship. We stopped for a short time at tlie Tinline bridge. While there the rest of my mates came up. The old man went on. I tohl my mates who the old man was, and said he had got nothing. Burgess Teplied, " It was a bad thing to let anyone pass. He is 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 "" "ollieiv came up. Burgess *aid 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 arras 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 one of the men replied, 'We will, if you let the pay out' — meaning, if he hallooed. Burgess then sent me up the road, and Kelly down the road, to intercept any person that might be coming along ; and shortly afterwards I come back again and met Kelly. I heard a noise in the bush, which sounded like persons coming through the underbush. This was opposite where the old man had been stopped. Levy was carrying a long-handled shovel, which had been taken from the old man, and Burgess had a revolver. Three LI notes, and a srruill quantity of silver was taken from the old man. Levy was the banker, and kept the money. I did n t know what had been, taken from the old man until we camped for the night at Franklyu's Flat. Mr Shallcrass here stated that, at the spot indicated by Sullivan, search was made, and tlie 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 he had planted a shirt. A shirt has since been found **here indicated. The shirt l.is not been shown to Sullivan I think. He may have sien it, but I do not think he has. It answered to the description of the shirt vbich he says he bid. I got it from Constable Marten* It has been in my possesfiion ever since up ■to yesterday afternoon. Dr. Cusftck has it- now. The reason why the shirt has not been produced is, because it has never been asked for. There are other things V-. liieli have not been produced — other things that tended to corroborate Sullivan's statement have not been produced. Cross-examined by Sullivan — You mentioned t2w 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 road t ikt >tt y-onld lead to the body. r^ -Tr Adams stated that the evidence was jo.v complete in this case. Mr Pitt argued that there was no evidence t on which to coaimit the prisoners Kelly, Levy, nnc! Burgess, as Sullivan's statement could' only be accepted as evidence against himself,and not against the others. Ihe depositions of the former witnesses, J. Jervis, J. Wiison, 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 Mr Shallerass 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 from | 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«4ly, since I have been in gaol, that they will hang me. His Honor the Superintendent — Hang you, or get you hanged ? Sullivan — Get me hanged. On tho Wednesday morning, after Levy was. taken away, both Kelly and Burgess told lne not to be alarmed ; that they could ' cook' him — that is Sy a cant word, meaning that they would ck> something to convict him. Kelly threatened, in gaol, to couie and sec mo hanged, and then he would go and squeeze my wife .mkl children. Kelly, on being asked whether he hail .■nythingto'say, repli.J— ' I told you I kut -lot; I am. innpeontt' "._ " — — ".•_

L.i vy said he h:v\ no statement to muUo. Sullivan said that Burgess had composed a song about him, in wliich ho abused his wife, and said lie would see him swung.

Burgess said ho wished to make a statement, but wns interrupted by Sullivan, who asked tho Magistrate to allow him to hand in another statement first.

Burgess said he had proparod U statement which ho wished to bo read in Court, but h desired that this might bo done in the absence of Kelly and Levy, and in tho presence of Sullivan alone. , Tho Resident Magistrato— l cannot comply with this request. Sullivim passed to tho Bench a written statement, which he begged might bo read before Burgess. He said, ' I have dangerous men to deul with, and tho coinage of their brain is very great. I wish to protect myself against them. 1 The Magistrate received statement, and said, that the request mado 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 bo headed THE CONFESSION OF BURGESS THE MURDERER. Wiittcn 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 tho instrumentality of a , faithful follower of Christ, to see his wretched and guilty state, inasmuch that hitherto he has led au awful and wretched life, and through the assurance of this faithlul 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 the invitation which says, *' Come now and let us reason together, snith the Lord ; though your sius bo as scarlet, they shall be white as snow; though they be red like crimson, they shall be as wool." On this promise I rely. He has told nic Christ will pardon mo who am deeply dyed with the blood of my fellow crcatuvea. Hp has shown me the inestimable value to be derived by fleeing from tho 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 me (if I will but go to him with an humble and contrite heart* of the enormity of the unheard of crimes of which lam guilty. Thus humbled, I will now unfold to you the heinous sins that have been committed on the part of the prisoner Sullivan. He has been guilty, in order to save his miserable and wretched life, of trying to sacrifice tho lives of others in order to save his own. But it shall not be done. Justice shall be done to the murdered men X who have been sent hurriedly out of this world, at the expense of my own immolation on the altar of justice, and the lasting execration and odium of my fellow-creatures while time continues, as a most bloody murderer. Therefore, all ye that aye here assembled, listen, and while you listen, weep. Weep and listen to the confession of the murderer of these men who have been foully murdered among you. Before I bring the scene of this bloody drama before you as' it was enacted, you must accompany me in my revelations to the time I first saw the prisoner Sullivan. It will only be a synoptical view I shall now give you, because it is very distressing to me to furnish you with more, for I have not facilities afforded me sven to give you this. It wi\s written in the dark, and on my knees, so that you will only have a brief account ; but it is the truth you will tlius have, for I have no further motive than the furtherance of jus-tice-in this my bloody confession.. It cau 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 the world continues. I trust I shall be rewarded by God, not by men ; for I offer my vile body at any moment to atone for w hat I have done ; but it (his confession) is made to disabuse the 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 13 a wretch who would go any length to save his own life, since thoro is undeniable proof of his guilt. I will now proceed to put you in possession of the truth :—: — I was walking one clay in the streets of Hokitika, with Kelly, when he drew my attention to a man who pascd us. He said. ' I think I know that fellow ; if so, lie is an eld schoolfellow of mine ; his wnme is Sullivan.' He said, ' Such a character ! ' No more was then said. But in a few days after, Kelly camo to me, and said, " I was right tho other day ; that was the same party ; I loft him at the Rose, Thistle, and Shamrock Hotel ; come up ;' which I did, and there I saw Sullivan sitling in tho parlor. We amused ourselves by play° ing at cards for the most part of the evening. Then Sullivan began playing a man for money. Sullivan began to cheat ; wdrds ensued between thorn ; then they went outside to fight, and Sullivan gave the man in charge for robbing him of half-a-sovereign. 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 ? ' This was the beginning of our acquaintance. Shortly after this we became on very intimate terms ; so much so, that I took him with me to effect several robberies — two in particular ; one being on the banker at Ross Town.tiir Kerr, which was not accomplished. I may mention here that Sullivan, at the time of our fir.-t intimacy, showed me the bottle of strych-, nine mentioned in his statement, and Here the Resident Magistrate interrupted, by saying that he thought the statement irrelevant, am! tliat ho did not tliink he could allow it to go on. Mr Pitt said, that ns the statement had been commenced, he thought that the whole should 1 be taken. j The Crown Prosecutor, being of the latter opinion, Burgess continued — Which ho brought from Melbourne. I said to him, ' What made you bring the like of this with you ?' Ho said to me, ' You don't know the value of this. Who knows but what we may require this in some big thing we might want to do.' These wore his words, as nearly as I can now recollect. The other robbery was that of Mr Fox, the •milker at tlie Grey : at this time I was meditating robbing the bank at Okarita, in order to effect .which I said it would be nscessary to procure some trooper's clothes if possible. I watched my opportunity, andk robbed thti camp at Hokitika. I took four revolver a and cases, sword-belts, aud cartouch and sashes, with their pants, &c. After I had effected this, I said 'l must be very steady for sdmo time, or elss suspicion would fall on me. I said, to provide against any accident from happening through neglect or any other mishap, I bhould" provide myself with a competent witness ; so ■rtitu (hat 1 proposed taking the man ChiiinVriam, now in charge at Hokitika, to go :in-! Sco the shi^i Maria as sho lay on the Kach :t wreck, and on the way finding some of iur p/operly taken rmn tho camp. On the wa\ I kicked tho sand whcie they -were planted, and lh"u& exposed then\. Chamberlain picked them up and gave theii\ to j.ivI «!iid, ' Look about, thoiv inij^if- he jontotlmicc i l l-.i' ' Short ly <v - !•»» •,-!- picoii. -ahCl si'jn.hiiig nn i- I.* •> . "d t.vo lvvolvor-easos bclon^n, . Tlu 1 rcuilvirr-. I had lent tlu< . , 'Uet bet'oro J was anvbtcd for I hi; robin \ \' f];n inve6tigation)-i£alliv/u) ennm ug \\ i'J^^^ lain, niid swotv luT >va»*^tti''' fjif^r^ft 6*-'6 *-' ""-"- were (iiven io ifij Hv^tbe Ktlcr, winci:

Miltoil in 1 1 1 v iicquillul. This i* but a spoL-i-men of his abilities. Since ho has been in custody, he has tried to make hi'nself useful at the sacrifice of all truth and"justice, for he lias given information against tuia said Chamberlain, whom wo gullud into bolieving that lie found those cases, which the nun really thought ho did. With him he has charged Mr Carr, the constable, against whom he knows he had a greater antipathy than any man in the force. Perhaps this is tho way ho he has choseu to pay him out. After I was discharged I fo'.t that I must leave Hokitika—' for a while, at all events/ So with that wo proposed gqing to tho Grey. We arrived 1 on Saturday, (ho 26th May. I took up my residence at the Provincial Hotel. Sullivan began drinking, and spent what money he had, which was very little. Ho left tho Groymouth township on tho Sunday night, and did not return till the Tuesday following, late in the day. During this time Mr Dobson, surveyor, was murdered. Sullivan came to town, j and sent the man Wilson, at Hokitika, now charged with the murder of Mr Dobson, io find me, and tell me to go to the bridge. I went to the bridgo indicated, and there I saw Sullivan. He told me they had made a great mistake in stopping a man whom they took for a banker, and who turned out to bo only a surveyor. He said, 'He was such a nice youug. fellow. Aftor we stopped him we could not let him go, so 1 took him off tho road about a hundred yards, and there we burked him (meaning chdkcd him). Ho said laughing while in tho bush, ' Did you think I was a banker. • Here is all I have, some six pounds odd.'" Sullivan said, ' I buried him, compass aud all, for he had a compass with him.' He has since been found, I believe, by the murderer Sullivan telling where was buried. And mark the atrocity of his acts. He Ms sinca charged An inoffensive man, Wilson, witb complicity in tho murder, who is as innocent as tho babe at its mother's breast. Sullivan said, ' Where is Tommy ?' — meaning Kelly. I said, 'He is over at Cobdon.' He said, ' Well, what is to be done ?' I told him that since he had- been away, I had hoard there was a baijk at the Buller, and I thought of sending foV-a man -I had known at Hokitika, and ask Uguif-he could come with us and put the bulk 'of the notes away for us. He said, ' A good idea. So with that, I sent, a note then and there to Levy, asking him if he would come. He replied to the letter ' That if it was worth while he would )' and come he did. - We shipped by the Wallaby ; but before leaviug, I asked Sullivan how much money lie thought we might want to take with us ? He remarked, ' Oh, we have got plenty.' I said, ' When we get there we might have to wait. I will go and get LlO more at all events.' We arrived at the Buller, and then found that it was untrue about a bank being there ; so it was settled that we should go on to Nelson by the Wallaby, and from there to Havelock, and thence, to Picton. Wo oame here, 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 lar^e knife, which he charges Levy with doing. I asked him what he wanted with that. He said, * I would sooner have it, aud a revolver, thau all the number of arms you could give me. Armed with these, I am a battery of defence,' or something like this. Afyer we reached Canvas Town, I told Levy that we should not go any further that day, so ho might as woll run up to this Deep Creek, and see what sort .of place it was. He went, and after he hod gone we heard that Havelock 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 were no wayfarers travelling, I and the residents on the road took great ' notice of all who passed ; bo that the best thing we could do was to return back to Nelson, and proceo I by boat to Piston. This was settled during the time Levy was away. Wo ground the 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 newspaper,' but for tho life of me I could not say whether it was a ' Marlborough Press' or not ; I know, it was a newspaper, and contained matter regarding the bank at Picton. I asked Levy what sort of a place it was whore he had been to. He said it was a pobr place, a'ad that he saw about fifty or sixty people there, he should imagine. He remarked that he knew a great many of them. He stopped at, Mathieu's public-house, whom he also knew. He said Mathieu asked him how tilings were progressing on the West Coast. He told him. Mathieu' replied he was going there to-morrow himself, with some more friends ; at the worst on Tuesday. I told Levy that we were going back to Nelson in the morning ; that Picton was a good distance from there ; farther, I believe, than it was to 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 and oy.erything in the buying line. I remarked another thing : They are going to the TVest Coast, and it's ten to oue but they will buy up all the gold they can get. Kelly said, •' Do no such thing ; we did not como here to do that ; you could have clone that where wo have come from with greater certainty of having something for your trouble.' ' Well,' I said, ' that is right enough ; but we did not bring money sufficient with us. We may have to remain in Nelson a week, and then wait perhaps at Picton.' He said, ' I havo got about Ll6, besides Avhat you have, and that will see us over three or four weeks nicely.' ' Well,' I said, ' I shall put those ■people up ; who' will be any tho wiser that it is me ? I will keep secluded after I havo "done it; so I'll do it. 1 Ho said, 'It is just like you ; you won't be reasoned with. I should like, before you set this road on fire, to bb at Nelson. 1 I said, ' That you can do ; these pet pie don't start till to-morrow ; by that time yon can reach Nelson ; we shail go as near it as possible. 1 Sullivan said, ' I think it is the best thing we can do. Who knows what' gold they might bring down with them. So Dick, you uncl I will 'do it. Let them go on to Nolson. It don't want us all to do it.' So the next morning wo started. Sullivan said, in his statement in Court, that to save the boat-hiro ho- waded' through the river. Now, in the first placo, there is no boat but a Maori canoe, which could only take one of us over at a time, in cousequence of ,the then state of the river, which was that low that we crossed it without wetting our boots as high as the anclo. We all had big boots on. Mr Jervis can disprove what Sullivan said about crossing the river, for he was looking at us. Wo proceeded on our way without anything happening tjll wo readied three miles this sido the Pelorus Bridge. Then we slopped and had some dinnei'|-aud, whilst having; % an old man camo by, carrying a shovel ; he was going on to Nelsou. As ho passed, ho gave us the time of day, and passed on. There were no remarks passed 1 whatever about the old man. After dinner wo proceeded on our way. Sullivan, as usual, in front. Wo went for some distance without stopping. In journeying on I walked principally with Kelly. Ho tried ail ho could lo dissuade me >' '■ having anything to do with t-li«w> diph. i I <.;-- Vi lv k.l with in* ri.niiiiiu i\ '.mportu<i*i.".- .-v- wont ttlw-xl 'iml wM-.-toofv iSiiiiivuu 1 iiuu d 1 . 11 oi,! 'i.an, vho yore sitting c!oi\ 11 nour I t i)!'l'l!"' ' ];l-i <tiV Srt'Jii <I'>WU, which udl- ■ ;> ••■ »■' ri 1 • .mil joiuo.l ihom, ami "H^t Low >'tunp uji, whon V.'AL 1 h -.'^h yougood duy.' I

".aid, ' So lonj>.' Levy also said, 'Good bye, muster,' meaning mo. The\ then passed on". When they wero gone, Sullivan remarked to 1116 Hint lie thought the old man ' held it,' meaning that ho possessed something. 1 poohed the notion. 'Allow mo to know; you must not go by appearances., Shortly alter this the old man picked up his bit of a swag and passed on. Wo followed not. long afterwards. Wo went some distance. Sullivan still iii advance, a good way ahead. YViien I came up with him ho had overtaken tho old man, who did not walk very fast. They were \n serious conversation, and the old man, in reply to a question, said that he had been working for Mr Wihon, grubbing up llax at so much per acre. Wo then preceded the old man up the range, when Sullivan said,/ • I don'b like that old fellow — 1 noticed when I overtook him this last time that he had shifted the position of his knife. Ho partly knows who wo are ; so, since we are going to do these people over (his very words), I think We had better prevent .him from dohi" us any harm hereafter.' I said ' Very well, so with that We put our swags in the bush and turned back aud met the old man coming up tho road. Sullivan was in advance of mo, and said to tho old man, ' Did you see a knifo lying on the road, for I have lost mine out of my sash ?' By this tinte 1 was quifco close to them. I pulled out a pistol which I had taken out of the swag, and , wliich was empty, but I had put some pieces of paper in tho chambers of tho cylinders. I told him I thought ho had some fold. He assured me that ho had not. Sullivan said ' Let's see.!,'' He then caught him by lift arm: A t this fcKeJ old man pul^ his othor hand on his knifo, when I caught him by tile wrist and todk it from him. I said, ' Como down fiere.' Ho replied, ' I won't, 1 and then sat on the ground. He said, ' Aye you going to murder me ?' I said,*' What an idea to enter your head.' He refused to go. when I took him by the throat, then ho said ' I'll go, I'll go.' So with that

we took him clown the hollow, some fifty yards on the lower side of the road. The old man said ' If you murder mo I shall be foullymurdered.' We made him sit on tlie ground. I then took him by tlie throat, and held him until he was nearly dead. When I released my hold tlie confined air came bubbling up through his mouth, when Sullivan drew his fist and struck him a severe blow on tho abdomen. Sullivitn tbdk tlie old man's shovel, and raked a hole just where the old man lay. We*rolled him over. He stopped in the hole, with his face downward. We covered him up and left him. When we regained the road Sullivan said, 'That is a bit of nasty work, for nothing ; but it was not for what' lie ha 1 ; he might have done us a deal of mischief.' We went about a mile, and then camped for the night at Franklyn's Flat, I believe it is called. We camped in one of tho old skeletons of a former house. We had no tent, bub tlie flyjjof ,one. Kelly and Levy- had the tent.' vVe™nad.no billy: that also was with Kelly.; we made shift with what we had. Before I lay -down I loaded the guns and pistols.. In the morning, we started early towards Nelsou. We went to the spot where the rock crops out near the road. I must mention this Was the place we stopped at the first night after we 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 liim a view of the road by wliich the men were coming. He could see a distance of 630 yards or more ; lie was looking down a descent. I crossed tlie road, and took up my position. I had cdmniand of the road from Nolsdn. We remained secreted for .some time, when a horseman passed. Shortly after, men with cattle, from Nelson, and then some Maoris on horseback. The day was getting advanced when wo changed positions, in consequence of mine being in ,the shade and SuU livan'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 camo along. I wish to God I had let him stop j thorn ; these men would not have been mur- | dered, but I should have shot Sullivan ; for j when he persisted in his demand I rose my j gun, and as sure as he had stopped them, he I would have rolled over a doad 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 from 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 Burgess tho murderer, who now solicits your prayers on behalf of his guilty soul. After they passol, Sullivan remarked, ' You ' are a fellow.' I made some answer about 'mother and sisters of our own. Shortly after, a horseman was coining in the direc.ion of Nelson; it was Mr Birrell. We were getting impatient, and wo saw four men and a pack-horse coming. I left my covert, and had a look at the men ; for Levy had told me that Mathieu was a small man, and jvorc a large beard, and that the horse was a chesnut one. I said, ' Here they conic !' They were a good distance away. I took the caps off my gun, and put fresh ones on. I said, ' You keep where you are. I'll put them up ; and you give me jv.ur.gun whilst you tio them.' It was arranged"^ I have described. Tho men came up ; they arrived within about fifteen yards, when.' l stepped out; and said, ' Stand' Bail up !' That meant for them to get together. I made them fall back on the upper side of the road, with their faces up the range Miqn Sullivan brought rat his gun, and ho tied their hands behind. The horse was very quiet all this time, and did, not move. Wheu they were all tied, SuUivau took tlie horse up the" hill and put him in tho bush ; he then cut tho rope, and let the swags fall on the •grouud, and afterwards caiae to mo. We Jfcfyen marched the men down {the incline .J# f^gf creek, the water at this time barely puuinmg^ Up this creek we took the, mon, and went, I daresay 500 or 600 yards ip it, which took us nearly half an l^our to accomplish 3 then we _ turned to the right, up tU range. We went, T dare say, one hundred and fifty yards from the creek. There we sat down with tlie men,' and I said to Sullivan, ' Put down your gun, and search these mon,' wh eh he did. I asked thorn their several names^ I asked them if they were expected >ftt 'Ne.son, and they said 1 No.' If so, .their, -lives; would have been spared. In money we took L6O odd. I suid ' Is that all you* have? ITou had better tell me.' Sullivan said, ' Hce is a bag of gold.' I said, '"What's on that lack-horse — is there any gold ?' When • Kem]thorne said, ' Yes, my gold is in tlie portmanteau ; I trust you will not take all' ' Well/ I said, 'wo must take you away.one at a tiiie, because the range is steep just here, and then wo will let you go.' They said, ' All right,' most cheerfully. Wo tied their feet, and took Ijudley with us. We went about sixty yards jvith him ; this was through some scrub, h was arranged tlie night previously, that it w>u|d be best to choko them, in case the report 6f Hie arms might bo heard from tho road, amj, if they were missed they would never be fffun'd. So we tied a handkerchief over his eyea. Then Sullivan took the sash off his waiit,jaud put it round his neck, and so wo strangled him. Sullivan, ufti ''we had killed tho ojfdj man, found fault vitl. Hie way he was chokbtl Ho said, 'Tho next wo do, I will show youlmy way.' . I said, ' I have never done suchj a thing before. I I'-ive shot a man, but nevtjr bhokutl one.' Wo lvturned to the others, |\vjieu Kon'p^horne . said, ' What noise was thabry I Baid, 'It was

ciiusea by my breaking through tlie scrub.' This Was taking too much time, so it was agreed to shoot them. With that I said, ' Wo will take you no furthei'j but separate you, and then loose one of you, and he can release the others.' So with that Sullivan took Do Pontius to the left of Whore Kompthorne wns setting. I took Mathieu to the right. I lied a strap round his legs, and shot him with a revolver. Ho yelled. I ran from him with mj r gun in my hnnd. I sighted Kcmpthorne, who had risen to his feet. \ presented my gun, and shot him behind the right ear ; hia life's blood welled out, and ho died instantaneously: Sullivan had shot De Pontius in the meantime fltld then Camo to mo. 1 said, ' Lddk to Mathieu/ indicating the spot where he lay. Ho said, ' I had to chive that fellow; ho wns not dead.' Returning to the road, we passed where Do Pontius lay. He was dead. Sullivan said, ' This is the digger j the others were all storekeeper's ; let us cover them up, and should the others be found, they will think he has done it, and sloped' — meaning that he had gone. So with that wo throw all tho stones on him, and left. This bloody work took nearly one hour and a half from the timo wo stopped the men. Sullivan says, in his guilty statement, thafc \ returned in tho space of a quarter of ail hour. You could not reach the place where the men were murdered under that time. Wo searched only the box or portmanteau. There wo found the gold belonging to Kempthorne — some forty-six ounces. We repacked the horse, and passed, going to Canvas Town. I ' left the horse, and went behind the rock. "There I saw a man on foot speak to tho horseman. I heard the word ' No,' and they then parted. Tho man on foot passed in the direction of Nelson. I told Sullivan what I had heard. We paid no attention to theso men passing, bdeause I lmd asked the men if there was anybody else belonging to them behind. We 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 oilier belonged to the old man who was murdered. We went about half a mile, or it miglit be more. The reason we took the horse away thus was to prevent anyone from knowing the spot where the deed wa3 done. On the road, Sullivan threw the gun produced away. It was his own. He brought it with hint to the Grey. He also put a shirt, foul with the blood of Mathieu off tlie road, and hid it behind a dead log. It was nearly a new shirt, and had a slight rent on the right arm. Sullivan — I wish your Honor would ask him to describe that rent. Burgess continued — We took the horse down the gully and there shot him. It was not Levy who was afraid to lead him down, but Sullivan We then proceeded on the road. We did nob stop till we reached the old chimney oil this side df the Maungatapu range, wheti we had done these bloody deeds. We kindled a fire, not to make tea, but to read the letters and other papers we took from the men, which we' kindled with these papers. There I undid the swags, and put the gold in them, and threw the powder I had in my pocket away, and the 'pepper which was in the handkerchief, with the remains of a cooked fowl which we killed, belonging to the Maoris at Canvas Town, in consequence of Mr Jervis having no meat. Here we planted the satchel and gold bags. We then jdur'neyed on. When we came within a mile of the first accommodation houso from Nelson, I heard some one "speaking. When Kelly said, 'Is that you, Dick ?'. I remarked, ' How is it that you did not reach Nelson ?' He said ' I got too tired, and could get no further ; so me and Phil drew in off the road, and covered ourselves in the bedding.' Going along Kelly askedtne ' If I put them people up ? I said ' Yes.' 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 stavfc.' 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 I wo camo unexpectedly on Kelly and Levy, I that, when we readied town, I must take j charge of Levy, in case these people should be j missed. He said, 'We cau tell Tommy,' • meaning Kelly, ' that we put these people up ; there is no fear of him ; besides we shall be away as soon as possible. We must not let that Jew know -anythingk Do you know, DicJk, I don't like him ; so we must mislead him by telling him we put a follow up and got some gold. Accordingly, we did so — Levy never kuew till he was arrested that the men had been murdered. Coming to town, a man came out of the accommodation house, distant about four miles, because the dogs had given the alarm of our coming. We hid ourselves, and ho returned to the house. Wlien we were ■ passing a woman looked out, but w thout a caudle in her hand. She called her little dog and we passod by, but sh« could; not tell if there were two or four men passod • but there were four. We reached town ; Aye separated. I told Kelly and Sullivan to meet me at the port in the morning. I asked Levy to take mo to somo quiet pi ico. He said, 'I am at a loss, I am almost as groat a stranger here as yourself.' We went to the Italian Oyster Sat loon, kept by Leonard. Levy asked him, by way of introduction, how far it was to Collingwood ? He then asked him, about some acquaintance of his, and then- finally asked him' to accommodate us with Iddgiug, which was accorded to us after a little moro conversation. In the morning I met Sullivan at the place appointed. I said} 'We will go and sell tlie gold ; come on one side and wo will alter the amount in tlie bags.' I took one bag and Sullivan the others. I took my bag. to tho Bank of New South Wales, in ,-Tttrfalgar street. I had on a dark reversible •- tfji/k and. a plush hat. He went, I believe, to AjUfttTnioa Bank with his. We met, that is 'meand Sullivan. He produced a bank l-e-ceipl for the amount of 1113 gold x which came to LIOO odd. He said they asked him whore the gold came from. He said 'From tlie Grey.' He said he had sold it under the assumed name of ' Clarence Evereste.' I produced a bank receipt for the amount of gold I sold, which camo to L7O odd. They asked mo no name, but where the gold camo .from. We met ; that is. I and Sullivan ; %vo divided tlie money. He said, •There is somo more gold, which I kept back to sell with tlie largo nuggets wliich wo got off the persons of those men. I will go' and sell them by-and.by, with the gold mixed.' I said, 'AH right; I will go and change myself.' With that I had a bath, and nlterod" the shape of my whiskers, which at that time were all round my face. I got Hi-mii 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 tlie gold (tho 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 mouth, and come and do this iustead of the Bank at Picton.' I gave Kelly L2O. He said, 'I do not want any yet.' To Levy I gave LlO, but not . in the presence of the others. In the afternoon Sullivan came to mo, by appointment, opposite the church in Trafalgar street. He gave me about L2O, as my portion of the remainder of the gold. Ho said ' They kept me a long time, in consequence of the assayer being absent, and lie valued tho large gold at L 3 13s per ounce. The other I sold by itself.' He said. ' I have got too many sovereigns. I > want two or three large notes. I want to send that womau of mine something," meuuiug an abandoned woman, who »

Sullivan (excited)— Do you tolerate this, your Worship? Will you allow him to jpeak in this way about my wife, in my presence ? The Resident Magistrato directed Suujvan to bo quiet, saying that Burgesjs must be allowed to make his statement dthout interruption. , , Sullivan — I wish your Worship/ tould orjler me ou': of Court. l Burgess resumed — I do not mo n his wife, your worship ; I have better Met ie than to speak thus of her. I mean drf abandoned woman thnt came over in the jmj with him, and with whom he was havijjjji Uiflit com!' inerce at Hokitika. I said I w0ul( > get seme lorge notes, and bco if they wouh recognise me or not. On my return, I £i id, ' Thej don't know me.' ' Know you,' heji lid, ' your own mother would not know you.' We used to meet, as he said, of an evening, because I never left Levy ten minutes togetl or all the timo we were in town. During th ac meeetings Kelly said to me, ' There is ri bing about this bit of work. 1 I said, ' Oh, ihey] are keeping it quiet.' I silenced Levy the time, if he ever alluded to tho fellow I put up; Things continued like this till tho Monday morning, when Sullivan walked into tlie oyster saloon, and beckoned me out. I followed him out. There was Kelly on the other side of the road. He motioned me ovor, and we went as far ma Mr Edwards' store. He .said ho was in Dupuu', the barber, getting shampooed, when he heard the Sergeant of Police tejl tho barber about these men being missed] lie said, ' What did you do with them, I)ick?' Sullivan said, ' What odd»— let them tfnfl tltetn ; who knows it is us ! Was nobody else on the road ? ' I returned to my lodgings, *nd had breakfast. I kept Levy in the house until dinner time ; I then took him out into the suburbs, and we gat down on the gd«B until nearly dark. I saw Sullivan again (in the evening, in the absence of the other*. He said, 'It is all right, Owens has quashed it altogether. He suspects three Italians ; so he has sent a telegram to intercept; them ; they ore supposed to have gono in tlie Kennedy.' That night, just before goirig to bed, Levy said, ' Will you take a glass of porter, roaster, 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 tho morning. I then cleaned myself, and went down the town, where I saw Sullivan. ' Ho 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 has gone with Potter for at ride. lam going too. There is a horse left fQr me in the stable.' I left him. I saw himjsoon after, on tho Waimea road, riding a cream : colored pony. Ho said, ' Yoil might aa^well come for a ride.' I said; ' t want to see Tommy, for I think we liad better go.: you don't, know what might happen.' With this he went and got me a horse. We went as fiir as the Plough Inn, and remained there some time, to kill the day. On tho jroad thither we stopped at the turnpikeVgate ond I threw down a shilling for the toll of the horses. The woman picked it up oft the ground, and asked us, in the presence jpf a young man, whom I took to be her son,' 'If there was any news about these unfortunate men ?' We said that ' dne mail was arrested for being a suspected party.' Further dv": the road, I alighted at tlie fifstirirt on the rifehthand side, tip to this, I rode a cream-colprpd pony • Sullivan, the bay hdrse, 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 tl|esc men ?' when Sullivan said, ' It's all moonshine ; they may have gone overland to<tho Buller, or elsewbe"ve.' The landlady Baid, t' 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 hor^e, and paid the hire. I asked what was to pi^y, The livery-stable-keeper said 12s 6d. I said, ' the horse has only been as far as the Plougi ; there he has been baited.' He said ' Well, give me half a guinea.' He said, ' You we^e not the gentleman who hired the horse.' iT said, ' No ; it was Mr Symonds'.' I saia, 'We shall want two horses to-morrow;' He said; ' I will let you have two fresh dnes.' Sullivan came with Kelly, to Collingwood Bridgo. I told theiri, ' Since Phil,' meaning Levy, ' was taken, it would not do for me to return to my lodgings.' Kelly said, ' Well, I shall stay where I am.' I shook hands with him, and told Sullivan to come with me, anusee if there was any suspicion on me where I lodged. I then left. Sullivan came after me at a great distance. I felt piqued that he 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 wfJ aware who he was. Sullivan came bjb I allowed him to ' pass. He crossed tlie 1^ road and moved on. '• I could see I was sui!^ rounded. Murphy stopped Sullivan, and] asked him to go to the Oyster Saloon to fetehi one of tlie Italians, to see If I was the man tluty lodged thoro. This Sullivan told me the noxjj -day in the watch-house. Sullivan loft, pre tending to go with the message. He wen "down the streetfihsteod of coming over to m< and telling me. Shortly after, I was arrestfec not far from the station. I had no arms witl me, or you would never have been put in pos j session of the foul and bloody way in whielj we effected .these murders. Sullivan said in, his statement I removed my "arms from tha Italians, the night Levy was taken. I planted them the first nightrl came into town. They, are to be found where ten cottages are newlyi erected. At the end of the last one there is a gorse bush, and iv 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 wero 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 wo killed those men, he wpuld put his foot in it if he opens his mouth.' The day after we wero in the watch-house, the bill reporting the murder of Mr Dobson was put up on tho door of the cell. I was cognizant of the murder of Mr Dobsou. Two days after, tho mau Stono arrived. [Stone was the man who was charged with robbery under arms at the Grey, and who had broken out of the gaol at Cobden, and maddens escape to Otago, where he was re-captured. He was being taken back to Westland.l Ho was put in the same cell with Levy. He told him it was reported in tho papers, that me and Kelly and Sullivan were supposed to have murdered Dobson, which accouut was borne out by constable O'Brien, who said there was a. warrant issued for our arrest. ' Sullivan said, ' I blame the man Wil- j son for it.' The night Levy was removed, the bill was torn down, and another one put in its place. When we got up in tho morning, I said, ' What have wo hore ?' I said, ' Here is a rum affair !' for wo could not speak without the constables hearing up, 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 Magistrato — Mr Pitt, if tluß is to go on much longer, I muat adjourn the

Court till to-morrow, Ido not see the use of all this. Burges3 — I hare nearly done, your Wor- | ship. Mr Pitt — He has very little more to read } but ho is in your Worship's hands, and, if yon think proper to stop his statement, you [ of course can do so. The Grown Prosecutor— l think it would be 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, i by sacrificing the innocent lives of others for what he ha 3 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 ofl'cnded 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 tiling, and by my eternal damnation hereafter if I lie, does' he knovr anything about it. He was the cause of their being nmrdcred, but he was the innocent cause, for after it was done, he was not made a confidant ot, Chamberlain, at Hokitiko, he is innocent. Wilson, for the murder of Dobsoh — than which never a greater villany was enacted by out fellow against another, tlian to charge" • triftj complicity in this deed. I trast, before thvcommft trial, if tlie Government will biit thow itftdf to ««; the innocent righted, I shall be tfofo to prore, by competent witnesses, tHafc the inpii Wihon ix innocent of what he it eliafged with. Why ha* Sullivan made these people \m r'uAWns? It is because there is undeniably proof of hia own guilt. There ia hit shirt befouled with blood, found on the road-; the gun, which the' Government may be able to trace to him ; and the banker, where he sold hia ill-gotten gold ; all of which lie 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 reward for all this that I have told you ? Oh !■ God assist me in this my hour of need, for > have incurred their everlasting curses whilst thus unfolding my guilty conscieace to my fellow-men. But what care I what they-niay 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 belialf. Amen. * ~ This concluded the statement, which occupied the attention pf the Court for over five hours ; when 1 the Court adjourned until Friday, at eleven 1 , d.m. Immediately Burgess had disclosed wlipr'o' the arms were concealed, the constables went to the spot, and, hi the presence of a large crowd, they were found at the place indicated, and brought into Court before the close of the proceedings. Friday, Afgttst 10. The four prisoners, Burgess, Kelly, Levy, and Sullivan; were again brought up yesterday morning, before the Resident Magistrate. Sullivan was allowed to sit in a chair, which was placed dt tlie side of the dock. Tlie concession of Burgess was read 6vjer id him, at the conclusion of which* he signed ify saying, 'I have signed niy own deathwarrant.' The Resident 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 nionthr~ - At all events, the Judge would arrive here on the 10th, and the trial would take place shortly afterwards. The Jewish Synagogue in Tancred street is being rapidly proceeded with, and in the course of a "week or two will make another handsome addition to the ecclesiastical structures of Hokitika. Very great credit i 9 due to the members of the Hebrew faith for the spirit and liberality they have displayed in providing themselves with an appropriate place of worship. The long promised' Police Camp at the Saltwater Creek rush is at last formed^ a sergeant and two constables, with tents and other necessary appliances having been despatched in the Kennedy on her last, trip to Greymouth; The delay in despatching these men was unavoidable, as for a period of ten days, previous to the Kennedy's leaving, no coasting steamer hadbeen laid on for Greymouth. According to the report of Sergeant White Inspector of Slaughter Yards for the Hokitika • District, 4547 animals were slaughtered for the market between April Ist and August 15fch. They are. classed ns follows: — 539 head of cattle, 52 calves, 3776 sheep, and 180 pigs. This estimate can only be taken approximately, as numbers of sheep and pigs are slaughtered within the town of which the Inspector obtained no record. We take the following from the " Grey River Argus" of the 20th instant :— " We are .glad to see that the proposed line of tramway " between Greymouth and Saltwater Creek is in a ■ fair way of being successfully carried out. There was a very full attendance at the first meeting of shareholders held on Tuesday evening, and from the interest taken in the proceedings, it is evident that the Cjmpany will not fail from want of support. As will i be seen from our report of the meeting, a large I proportion of the shares have been taken up, and that the Provincial Government has acted very liberally towards the Company, not only having consented to grant protection to the Company, but also to survey it withoufc charge, and, if required, to give the services of the District Engineer. The directors chosen at the meeting are men who will doubtless push on the work, and we trust that no unnecessary delay will take place in at once commencing the survey. It will be seen that a proposition was mooted to carry the line from the head of the Lagoon through the Native Reserve, conditionally on the Government clearing and levelling that portion of the .route. There can be no doubt that the proposed alteration would make available a large block of land for building and other purposes, whilst it would enable the terminus to be more sentrally fixed. There are many objections to tarrying the tramway along the public street; nd we question much if such an arrangement rould be a convenient one, whilst it would ertainly cause an undesirable obstruction in • lie main street. The Government is extremely esirous that the Greymouth Company should ontinuo the line as far a 9 the Teremakau, and j provide for the contingency 'of its extenjion, it wns agreed at the meeting to increase fte nominal capital of the Company to LSOOO. .1 is extremely likely that the active interest ibown by the people of Greymouth may inij.ee the Hokitika folks to follow suit, so that We may hope that at no very distant period hi two towns will bo connected by a good sernc^able lino of tramroad that will materially benefit both places. We earnestly trust that fiieirery moderate estimates of the cost of the end of the line will be found suffieieii; for the work, as, in that case, wo should fliii^t the Government will be induced to ulojp the system of tramways in the interior dlatifcts/'