EXAMINATION OF WM. HENRY CHAMBERLAIN. [Continued.]

West Coast Times, Issue 388, 20 December 1866, Page 2

EXAMINATION OF WM. HENRY CHAMBERLAIN. [Continued.]

PERJURY; Joseph Thos. Sullivan, being called and sworn, deposed — I know tlie prisoner at the bar. I first knew him personally on Wednesday, the 16th May. On the lOtti May I was in Hokitika: On the evening of that date I was at tho Prince of Wales Opera House, Revell street. I went to the pit of the theatre. I was in company with a man named Bob. I recognise the man now present (Robert Wjguiore) as tlie one I knew by the name of Bob. I lodged at the Hope and Anchor Hotel, Revell t ftreet. A packer or storekeeper named Cuniming slept in the same room with me. I left the hou8« at about seven o'clock on the morning of the 11th May. I am certain it was beforo eight o'clock. When I left I went to the West Coasf; Hotel;, which is situate at the Avahura'. I started from there for Hokitika at about ten o'clock. I had one boot on and one off. I believe the boots I wore wore termed nugget boots. I was carrying one of the boots in my hand. I bought them on the Wednesday night, and walking along the beach on the morning of the 11th, caused the boot to chafe my heel. When I arrived at Hokitika I cut a piece out of the heel. About two hundred yards this side of the West Coast Hotel, Arahura, there was a new building erected, and near it a small fire j a man was standing near the fire. I wa3 carrying a swag. I went to the fire to light my pipe ; I had my boot off at the time. I took my boot off before 1 arrived at the Arahura, I accosted the man at the fire, but what I actually did say I cannot recollect — it was niorely a passing observation. On my way back I met a number of packers, amongst whom was Robert Wi^more. 1 spoke to him. I also met Cummings. He was the man "that slept in the same room as myself at the Hope and Anchor Hotel. I cannot say which of the two I first met, but I think it was Wigmore. He asked me where I had been, and I told him that I had come from tlie Aralmra. I informed him the night previous that I purposed going in tho morning, but I did not let him know my destination. T got back to Walker's Hotel, Hokitika, just after dinner-hour. I -walked all the wny back witlidut a boot, fdr my heel was so very sore. I recollect returning at that hour, as I was obliged to take some cold dinner. I borrowed a slipper from the landlord, on account of my being unable to wear my boot. I have had no conversation with either Wigmore or Cumraings ; in fact I have not had" an opportunity since the time that Richard Burgess was charged with stealing revolvers from the Camp. ; neither , havo I since seen these nien until brought and shown to nic yesterday and to-day. On the night of the 10th May the performance at the Theatre consisted of the "Lady of Lyons," and " AYhitebait at Greenwich." Mrs Poole impersonated the character of Pauline, and Mm Crosby that of Madame Deschappelles. Mr Bartlett appeared as Claud Melrotte. Mr Andrews suscained the part of John Small in the farce. I first conversed with the prisoner on tl:c evening of Wednesday, the 16th May, at the Hope and Anchor Hotel. He introduced, himself to me. He came into the hotel and asked me to have a drinkj as a pre lude to his conversation. He then asked me how far I had been with Tommy, meaning Kelly. He requested me to go outside with him, which I did. We went up together, on the dark side of the street. He said, " Have you seen Carr to-day ?" This referred to Constable Carr. I replied that I had. Prisoner then said that Dick was a bl — y fool, as Carr had cautioned him by stating that there was a warrant out to search Diok's House. Prisoner then raid '* That something must be done for Dick." Burgess was arrested prior to this time. Prisoner then laid down a plan for concocting evidence on behalf of Burgess. I had previously given my word to Carr (on that afternoon) to assist Chamberlain in his evidence for the purpose of getting Burgess lree. The plan was that the prisoner and myself were to swear that we found the revolvers on the beach, aud that we had given them to Burgess. On that evening I refused to act in conjunction with him; I afterwards Consented and did act Witli the prisoner. I gave evidence in Court in consequence of the influence exercised over me by Constable Carr. We met on the Sunday at the Golden Fleece Hotel. This was in pursuance of an appointment made by Carr, prisoner, and myself. I went there a little after two o'clock in the «day and asked for the prisoner, when Mr Brunetti informed me that he was in his bedroom. I then went into the room, Chamberlain was there writing a brief. Shortly after Carr, the constable, came in the back way, and went into the bedroom. I objected to the brief in consequence of the manner in which it wa3 then written out. Can* then dictated another brief to the prisoner, which the prisoner wrote out in my presence. The brief was to the effect that Chamberlain was to state when he came before the Court ; that between 8 aud 10 o'clock on the morning of Friday, the 11th May, that he (prisoner) had seen me passing Bmnetti's Hotel, and that he had called me in to have a drink, and that wo had gone down to the Spit to have a look at the wreck of the Maria, which was then on the Spit, and that Burgess had joined us. That on the road, he (the prisoner) had seen tho revolver cases sticking up out of the sand, and that he had kicked them, and then picked them up ; that he (prisoner) was going to throw them away, remarking that they were no use to him, when Burgess replied that ho would take them, as they would be of use to him. It was further arranged that we were not to attend the Court unless subpoenaed. It was also proposed that Chamberlain, being a tradesman, was to ask for his expenses. Carr overruled it, alleging that deposit-money would havo to be left with the lawyer, and that that would be giving him too great a knowledge of the case. It was also agreed that the question should be put as to how I formed Chamberlain's (the prisoner's) acquaintance. I was to reply that " I had asked whether he had a house to let. On Monday, the 21st May, I wont to Chamberlain at the Bank of New Zealand, at which place he was at work. On the 20th May, the prisoner received from Carr, in my presence, a Lo note, for the purpose of feeing a lawyer to defend Burgess. At that time Carr remarked " This makes eight pounds." On the night of Monday, the 21st, I met the prisoner. We were wont to meet every night. On the occasion of the meeting on the night of the 21et, prisoner said that he would go from one end of the island to settle Dick Dyer, and that he would give him abl y dose. On the night of the 16th May, upon my complaining of i Kelly having detained mo at the Arahura, prisoner replied that Tommy, meaning Kelly, had slept with him on tho night of the 10th May. Witness — Your Worship, tho prisoner keeps putting his hand round his throat as though he meant to have me hung. I don't care about that, but it's very unpleasant when I look towai'ds hini. Prisoner — I have nover done any such thing intentionally. His Worship — Hold your tongue, or I will lock you up for eight- and-forty hours. Examination resumed — Prisoner told me that Kelly and himself had taken some pjgV

head for supper, and that he had not slept well in consequence. When I was at the Arahura, Wilson also came out. I got a bottle of porter from the West Coast Hotel. The brief to which I have referred I saw in this Court in Mr Button's hand, on the occasion of the hearing of the charge against Burgess, I will swear that the brief used, by ,Mr Button ■ was the game as prepared hy prisoner. I knew it by the handwriting. It was headed " The Queen v. Burgess." The writing was in large letters. Cross-examined by the prisoner — I knew you before the 16th May ; but I never spoke to you previous to that date. At eight o'clock on the evening of the 16th May, I was at Walker's Hotel. I swear that I met you there at that hour. You introduced yourself to me. You saw me prior to the arrest of Burgess in Brunetti's parlor. You were acting as a sort of waiter: Yotl brought the drinks. 1 cannot say who ordeied them. Hfe Worship — I will not allow you to have the same questions that have beeu already recorded to be re-written. Any fresh matter that may be elicited you have a right to have recorded. Prisoner— That is all I desire. ( , Cross-examination resumed — You went with me to the Court, and committed wilful and corrupt ptnjuiy. I did the same. I was induced to go with you and act in concert, though I never saw you before in my life ; but I trusted you in consequence of your having represented that you were a friend of Burgess and of Kelly at Weatherston's and Otago, and that you had done your time with Mike Noon (Kelly's brother) in Tasmania. I generally believe persons that come with the representations tliafc yon tli3. Prisoner — Did you ever know me to do any man an injury in my life ? Witness — I only knew you to make slugs to injure other people. Prisoner — Did you ever see me give any brief to Mr Button ? Witness — I saw you give him a paper, which you told me was the brief. Prisoner — Where did you see me give this paper to Mr Button ? Witness — At his office. Prisoner — Was any .other person present 'but Mr Button and yourself ? Witness — No. I remained by the door. I also heard Mr Button tell you to keep out of the way, and not be seen about the office. Cross-examiuation resumed — I went with you several times to Mr Button's office. This , was on the 21st May. Each time that we went to that office we started from the Bank. I had a conversation with Mr Button in hia bedroom on the morning of the 24th May. I should think it was about half-past nine or ten o'clock in th& morning. Mr Button also told you that you had better keep* away as the police had enquired who it -was that had fed him. Prisoner — Did you not swear on Friday last that I gave Mr Button a brief. Witness — Decidedly ; but I meant that it was the paper which I saw you give to Mr Button; and wliich you told nie . wan tlie brief. My head is like an almanack ; I can recollect everything. Cross-examination continued — I had a long conversation with Mr Button in his bedroom. We conversed about his family and other things. I knew his father in Launceston. Prisoner — Did you ever see me talking to Levy ? Witness — Yes: Cross : examination resumed — You supplied the lead that was to be used for sticking up Mr Ken*. Prisoner — I am being bullied by the witness. His Worship — Will you go on ? Prisoner — Now, sir, will you swear that I supplied the lead. Witness — Yes, sir, I will. Prisoner — Now, sir, while you were committing your depredations — Witness — I never committed any depredations on my own responsibility ; they were always done in conjunction with others. Prisoner — I only want you to answer my question; Witness — I have done so already, but the answer does not seem to please you. Prisoner — Your Worship, I am being bullied by the witness. His Worship — You are not. If you put any question that is pertinent to the matter at issue I will see that it is answered. Prisoner — Well, I only want justice. His Worship — That you shall have ; biit if I hear you making any observations derogatory to this Court I will have you locked up. Prisoner — I will get more justice in the Supreme Court, and I will nofc ask the witness any more questions. His Worship — Will you hold your tongue ? You have no cause to make such observations. Prisoner — I will say no more at present. Tim closed the case for the prosecution. The prisoner was then cautioned in the usual way, when he said that he had a writteti statement which he wished annexed to the deposition". " , _ His Worship said that he would not allow the annexation* Prisoner — But, your Worship, by adopting the course I suggest a good deal of trouble would be obviated. His Worship — I am the best judge of that. You can read your statement if you like. Prisoner — Won't your Worship annex the written statement? His Worsliip — No ! I will not do any such, thing. , • Prisoner — Then I wish to make a statement and to call witnesses. His Worship — I shall adjourn the Court for half-an-hour. The Court was then adjourned, and on iti re-assembling the prisoner said — I never saw Burgess and Kelly before I met them on the Coast in the month of November. I never knew the characters of these men until the 18th June when their characters were made known in the columns of the West Coast Times. The first place that I ever saw Burgess or Kelly was in a house situate at Beach street, Hokitika. I never had any further acquaintance with those men than that of a hotel acquaintance. They always represented themselves as* diggers, being the • occupants of rich ground at or adjacent to the Kanieri. I never saw Sullivan in my life until the com* mencement of the month of May. I only saw Sullivan in the company of Burgess and Kelly on one occasion previous to the arrest of Burgess for the robbery of the firearms. This was on Friday morning, the 11th May last. On this occasion Burgess, Sullivan and myself were present. Burgess aud Sullivan came to the Golden Fleece Hotel on Friday morning, the 11th day of May last. They spoke of the ship Maria being wrecked. They said they were going down to have a look at her, and they asked me to accompany them. I replied that I could not as I had to go to work. I was about going to Beach street to obtain some colors that I had stored at Mr Prince's place in that street. They then said, we may as well take the beach as it will be as near your way as any other. I do not say that these were the exact words, but tho expression used was to tho same effect. I accompanied them, and whilst going along the beach, near to Bracken's or some of those houses near there, I saw two leather revolver cases lying in the sand. I picked them up and was about to throw them away, when Bui'gess said he would take them. He thereupon took them. On the Sunday following Sullivan called upon me at the Golden Fleece Hotel, and said, " That young chap, Dick had been taken up for stealing thoso things which we found." At this time I believed Burgess was innocent, but on the following day, Friday, when I read their characters in tho West Coast Times newspaper my mind immediately changed. I then told many friends of mine that I believed there had been foul play in tliß finding of thoso two revolver cases. I nover saw Levy in my life, to my knowledge. I never spoke to Aldridge, who was charged with Burgess, until bis first arrest and aoquittal for the robbery of tho] firearms, I never, received one

shilling from Mr Can 1 on behalf of Burgess or any oilier person in my life, but Mr Can', while a member of the police, and subsequent to my having given evidence in this court, not only said he believed I had sworn falsely, hut nlso passed several remarks to the same intent at the dining table of the Q-oldcn Fleece Hotel. I have never beeii out of Hokiiika, hut on two occasions 'mice Burgess and Kelly have been on tho coast. I never accoinpailied Sullivan to Mr Button's office in my life. The pi-isoner then called Charles Edward Button, who, on being sworn, deposed — I am a barrister and solicitor of the Supreme Court of New Zealand, residing and practising at Hokitika. I was following my profession in the latter end of May last. I defended one Richard Burgess in that month. I know a man named Sullivan who gave evidence on that occasion. The man I now see before me is the same Sullivan. I do not think this man Sullivan was ever in my office. You pointed hhn out to me at the door of the Court as the man who was going to give evidence in the Court, and abolit whom you had previously spoken to me. When I say the door of the Court I mean the precincts of the Court. I examined the witness Sullivan at the trial of Richard Burgess in the month 01 May last. I feel pretty certain that Sullivan -was never in my bedroom, and never had any conversation with me there. I oiily remember having seen him on two occasions before he came down to give evidence in the late eases. I am certain that Sullivan never accompanied you to my office, as you always took good care to come into the office alone, and to see that there was no one in when ?;ou did come. You never transacted any >u<*mess with me in the pi'esenee of any other person. I feel perfectly convinced of this. By the Court — My office is comprised bf two rooms. They were on the ground floor. They were used for two purposes ; as offices in the daytime, and as bedrooms at night. I alepfc ii^one room and my clerk in the other. A person in the outer room could not see into the room that I occupied. In the case, the " Queen v. Burgess," the prisoner at the bar handed me a brief which I used in tins Court on the trial. His Worship — Did the prisoner at the bar fee you, and if so, what amount ? Witness — Your Worship, I would rather not answer this question, unless pressed by you. The law leaves me no option in the matter, if you insist upon my answering it. Mr Horne — I should like the question to be answered. His Worship— l must press you, Mr Button. Witness — The prisoner gave me a portion of the fee. By "the Court — My fee was five guineas. The prisoner did not pay the fee at onee — hi fact I only received L 5, and this was paid me by the prisoner hi two instalments) Re-exainmed by the prisoner — I think a portion, of the fee was paid me by you in Wharf street — somewhere near the right-of-way leading to Eevell street. I saw Burgess during the time of his remand — this Was done at jour request. I never took any other message from you to Burgess than this, that you had scut me. William John Blake, being called and sworn, deposed — I am a clerk to the last witness ; I ■was such in May last. I have seen the approver, Sullivan ; I never saw him at Mr Button's office during that month. I have seen you in Mr Button's office. lam positive that Sullivan never accompanied you in the month of May last. By the Court— l will not swear that I saw the prisoner on every occasion that he called at Mr Button's office. Cross-examined by Mr Horne — Sullivan might have been to the office on some of those occasions that I did not see him. His Worship — Have you any more witnesses ? Prisoner — Yes, I have some seven or eight witnesses whom I purpose, calling, but I trust your Worship will send me to a jury. His Worship — Do you wish to say anything tiiove ? Prisoner— Not at this Court. His Worship — Independent of the testimony given by the witness Sullivan, there is aboundance of evidence to ■warrant me in committing you for •wilful and corrupt perjury. You are therefore committed to take your trial at the ensuing sessions of the Supreme Court to be holden at Hokitika.