THE NELSON MURDERS.

West Coast Times, Issue 312, 22 September 1866, Page 2

THE NELSON MURDERS.

CONVICTION OF BURGESS,

KELLY, LEVY, AND SULLIVAN

THE FOUR MEN SENTENCED

TO DEATH.

(FROM OUR SPECIAT, CORRESPpjSTDENT.)

CIIRISTCIIUECir, Friday, 4.13 p.m. News from Nelson to hand as follows :—: —

September 18.

The Court opented at nine o'clock this morning, and was densely crowded, many ladies being present.

The Judge occupied seven hours in summing up the evidence against Burgess, Kelly, and iLevy +

The jury retired at half-past four o'clock, and after an hour's deliberation, returned into Court with a verdict of •' Guilty" against the three prisoners.

Dead silence prevailed in Court whilst the Registrar put the question — How find you, Guilty or Not Guilty, in the ease of each of the three men

separately

The Judge then asked each of the three prisoners separately whether he had anything to urge in point of law why sentence of death should not be passed upon him. Kelly made many abject appeals, and endeavored to explain away the facts of the case proved in evidence. He vehemently protested his innocence, and said that the Judge had not charged "the jury correctly when he stated to them that' Sullivan's evidence had been corroborated by everything being found exactly as he had.described. He was going on to discuss th evidence, when the Judge, who had tolerated him a long time at last stopped him ; but he began again. " Wojk't you allow me to speak ? " Judge — No longer. Kelly— Oh ! tliat's too .bad. Let me speak. Nobody will be sorry for *my death. I leave no one. Still I ought not to die wrongly. The Judge theli addressed each prisoner separately, and passed sentence of death on each separately. After sentence was passed Bugess bowed, and said, " I accept sentence with humility.'' Kelly was completely overpowered, and presented a most abject appearance. He said nothing. Levy said, " I'm happy to inform you that in my own mind and heart, and by 1 the God I worship, I leave this bar an innocent man." ' ' The judge at once remarked : — " You have no right to say so. Such a statement can make no impression on me,' nor should it on the jury or the public." September 19, 6.55 p.m. Sullivan was tried by special jury today, for the murder of James Battle, the old whaler.

He asked permission to recall his plea of Not Guilty, formerly put in, and to put in' a plefj, in accordance with the statement he had made, viz. : — Complicity in the murder, by being associated with the murderers, but not guilty of the actual murder.

The Judge received the plea of Not Guilty. The evidence adduced for the Crown travelled over tl:e same ground as formerly, in tracing Battle and the whereabouts of the murderers.

Shall crass swore to Sullivan's written confession. Sullivan made a long address. The jury, after «n absence of twenty minutes, returned a verdiot of Guilty,

Sullivan said nothing against the sentence of death which was pronpunced upon him. He wept when the Judge referred to his wife.

It is believed that he will not yet be hanged, as he is wanted to give evidence in the West Coast murders. No more news to hand.