THE MAUNGATAPU MURDERS.

West Coast Times, Issue 310, 20 September 1866, Page 2

THE MAUNGATAPU MURDERS.

(from telegrams in tub lyttelton

TIMES.) Njjlson, Sept. 13, 1.35 p.m. Tho special commission for the trial of the men accused of the Maungatapu murders was opened yesterday morning by Mr Justice Johnston. His Honor addressed the Grand Jury at some length, commenting upon the heinous nature of the crime which had called for a special sitting of the Court, and its comparative rarity iv the colony. He also specified the conditions under which such deviations from the usual course of administration of justice were sanctioned by Government, and stated his belief that such a procedure in the present instance was best calculated to insure a calm and deliberate consideration of the case. He alluded to Sullivan's evidence as an informer, in the case of the four men murdered on the Maungatapu having 1 been admitted by the Crown, and remarked on the unsatisfactory nature of such testimony, unless backed by correlative evidence. The jury should, as far as possible, confine their attention to the evidence which would be produced in support of Sullivan's statement. Sullivan had made his confession before hearing the evidence of the various witnesses, and it was, therefore, more trustworthy than would otherwise have been the case. Still it must be remembered that his testimony could not possibly be cleared of prejudice arising from the fact that it ■ was dictated by the strongest of all motives, namely, the hope of saving himself from the consequences of his crime. His confession in Battle's case was totally different; it implicated himself only ; and the jury must consider it in relation to the judicial admission of Burgess, in order that -they might decide whether all four prisoners should be tried for Battle's murder. The Grand Jury brought in a true bill against Burgess, Kelly, and Levy, for the murder, of Mathieu, Kcmpthorne, Dudley and Pontius ; and later in the day against all four prisoners for the murder of Battle. A special jury was sworn to try the prisoners in the first case. They all pleaded Not Guilty, Burgess stating that having already acknowledged his guilt he pleaded thus only for form's sake. Burgess and Kelly conduct their own defence, and Mr Pitt appears for Levy. The trial is expected to last several days, as Burgess and Kelly cross-examine the witnesses at great length. 6.30 p.m. The cross-examination is to be continued to-morrow by Kelly, and by .Mr Pitt on behalf of Levy.

Nklson, Sept. 14, 4.5 p.m. Sullivan, iv cross-examination yesterday, stated that he arrived in Tasmania as prisoner of the Crown in 1840. Escaped to Victoria, and was sent to Port Arthur in 1848. Went to reside permanently at Sandhurst, Victoria, in 1853 — storekeeper there. Ouce stuck up by bushrangers, which he reported to the police.' Denied complicity in proposed robbery of Parr at the Ahaura River, but acknowledged going with Burgess and Kelly to yob Kcrr, banker, at Ross, and Wilkie, storekeeper, at Grey, aifd to murder Fox, gold buyer, at Grey, under influence of Burgess. Denied any part in the murder of Dobson, but was shown the body by Wilson, alifis Murray! now in custody, or any part in the murder of Battle.

Cross -examination of Sullivan resumed this morning, by Kelly, with far more point and astuteness. Sullivan disclaimed any inducement for confession save a desire to divulge all crimes of the gang. Waited eight days to see what evidence the crown would produce to assist his information ; had not read bill offering pardon before making confession ; ' said Kelly and brother wer,e tried aud acquitted for murder of Markis, shot on goldfields, in Victoria, 1 852 ; another man executed. Sullivan aud party i*ecognised by • sailor on board Wallaby. Kelly tried by every means to shake Sullivan's veracity and motive for confession, but without success. Sullivan's accuracy in fact and dates is most remarkable. Sullivan acknowledged false statement ; underwent coercion of other prisoners regarding Hokitika camp robbery. Cross-examined by Mr Pitt on behalf of Levy : said that he asked Burgess to let him go into the bush with the four murdered men to free, them by shooting Burgess, as the other two were cowards without him. Kelly endeavored quite unsuccessfully to establish alibi by cross-examination. Eighteen witnesses examined.