EXAMINATION OF J. A. CARR.
(continued.;
James nickson, being called and sworn, deposed — I am n sergeant of the Hokitika Police. I was such in May last. I know the prisoner at the bar, he was also a member of the police force at that timo. In consequence of tho nature of his duties lid Was not m the habit of retiring to rest afc an early hour. It is my duty to inspect the arms una accoutrements of the men in barracks. 1 did so on the 7th May last. On that occasion I examined the kit of tho prisoner. I found that it was deficient in a pair of grips. They differ from handcuffs. I spoke to him about them, and ho replied that he had ksfc them at Bruce Bay. It is the duty of any member of tho police force losing anything to immediately report such loss, tlvough me, to his superior otlicer. Prisoner did riot report tlie loss to me, but gave an evasive answer, and said that ho was willing to pay for them. I issued the grips to the prisoner a few months before. They wore tho property of the Provincial Grovcrnmc'nti Prisoner returned from Okarita on tho 11th May. He came by that route on his return from Bruce Bay. The prisoner was dismissed from the force on tho Bth June. No other member of the Hokitika Police Force (bosidos tho prisoner) has lost any grips or handcuffs during the last twelve months. I recollect it robbery having taken placo afc the camp, llokitikii, on tho 12th Mny. No grips or handcuffs were reported as having been stolen on tlitit occasion. I know constable Mollor. On the morning of the 10th May, I gavo a rovolvor to him to clean ; it was ono of Colt's, and contained five chambers. It wns brandod on tho stock "M" V 24. Ifc was in a black leather case. The case was branded in tho Barao manner. The revolver and caso wero tho property of *he Provincial Government. I have never seen either of < hem since. I never disposed of nor authorised anybody td take Iheni away. Afc 10.30 o'clock on the night of the 10th May, constable Moller asked me if I had taken the revolver out of his room. I know Constable Bolton. He is a mounted trooper, and was such on the lOfch May last. Almost instantaneously with Moller he reported to me that some person had taken his revolver, together with tho case and sword-sling. Bolton reported that they must have been taken between tho hours of eight and ten that night. The prisoner was in bed afc ten o'clock that night. He was also in bed when the loss of tlie revolvers was reported. I went into the mounted troopers' quarters and made enquiries about the rnattcn Tho prisoner slept in the next room and could hear what was said. In fact he did hear our conversation, as he called out — " Bolton, if I were you I would report the first man I found with them" — meaning the revolvers, &c. I then went into his room and made a remark to the effect that it was nothing to joke about. From tho prisoner's manner of speaking I should imag ne that ho intended his remark as a joke. Sergeant White, Constables Bolton, Moller, other constables, and myself, searched the Camp for these missing articles, but before doing so I went, into the various rooms and asked the men if they knew anything nbout them, but was unable to get any clue as to their removal. The prisoner assisted afc the search. At that sea eh a pair of sling 3 were found, either by Constable Moller or Bolton. They were found in the camp, a little to the rear of the constable's room, and were at once identified as the property of Constable Charles, who was absent on duty at the South Spit. There is a person named Sergeant Wilson in the Hokitika Police Force. At about 7 o'clock on the following morning, tho 11th May, he reported to me that a pair of his pants had been taken out. of the wash-houso on tho night of the 10th ; ho described them as Bedford-cord pants. On the return of Constable Charles from tho Spit, he reported the loss of his revolver, sword, belt and pouch. His revolver was one of Dean and Adams. All the articles that were lost were the property of tho Provincial Government. All men in barracks are supposed to go to bed at 10 o'clock afc night. Ifc was and is my duty to report to my superior officer any person or persons who did and do not go to bed at that hour. Tho prisoner was not in the habit of going to bed till after 10 o'clock. Several of the men in the Police Force had more than one jumper. No report concerning the loss of a jumper was made to me before or after the 10th May. Cross-examined by prisoner (in the absence of Mr Rees) — You forwarded your resignation as a member of the West Canterbury Police two or three times before your dismissal. On tlie first occasion when you tendered your resignation, you were told that you must comply with the rules of the service by giving three months notice. You served that time, but not being satisfied with having to remain so long, you sent two or three other resignations ; fchoso resignations can bo produced, that is if they have not been dostroj'ed. I recollect your makiug some report to me with roferenco to your doubting that Burgess and Kelly had a claim upon the Kanieri. I believe you wrote tho report. Ifc was referred to Sergeant M'Guiuness. I boliove tho report is filed in tho office at tho Police Cnmp, but I cannot swear that it is. Constable Stokes returned with you from Bruce Bay ; there was a prisoner with you; I believe his name was Quiulan. You did not then tell me that you had lost your grips that morning, owing to Quinlan's violence. The grips you had wero similar to thoso now shown to me. On the morning that I missed your grips j r ou attempted to pass off the grips of another constable as your own, but I knew that they wero not yours, in consequence of the difference in the make. I subsequently reported this matter to Inspector Broham. I made enquiry of the sergeant at Bruce Bay as to whether you had reported the loss of the grips to him, and he replied that you had not. That enquiry went through tho sergeant stationed at Okarita. Tho sergeant tit Okarita never mentioned your having reported the loss of the grips. Richard Dyer, being called and sworn, deposed — I am a sergeant of police stationed at Hokitika. I was such in the month of May last. I know tho prisoner. He was a member of the force in that month, and was stationed at Hokitiicu. At that time I knew a man of the name of Richard Burgess. I recollect having seen him on the 10th of May, afc about half-past 7 o'clock in the evening. He was in company with a man named William Aldridge, a woman named Charlotte Nowton, and another female whom I know as Mrs Aldridge. I saw them afc first in front of the Prince of Wales Opera House, Revell street, Hokitika. They were going up Revell street. They went as fur as the Duke of York Hotel. They returned from there and went into the Prince of Wales Opera House. I also went in there. Burgess took up his position in a front seat in the dress circle. He was wearing a poncho. He remained there until about 9 o'clock. He then went over to the Golden Fleece Hotel. I immediately followed him. About five minutes after he returned from tho Golden Fleece, and again took up his place in the dress circle. 1 went into the stalls and could see him. He remained in the theatre until tho night's entertainment was concluded. That would be close on IS o'clock p.m. I saw him going down Rovell street in the company o£ the persona I have mentioned, but I loafc sight pf him, From half-past 7 until about J2
o'clock that night (tho 10th May) Burgess was under my observation tho whole time, with tho exception of about five minutes. I recollect the 13th May. At about two o'clock on that moi'ning I wont to tho house of William Aldridge. It Is situate a little off Beach street. Three or four other Constables acedinpanied nid. When I arritdd at the house I knocked at the door. Burgess opened it, I saw Aldridge and Ilia wife there. Burgess was undressed,, and after opening ,the door" got into bed. I requested him to get up as I desired to see him. He reluctantly arose and dressed himself. I then flcircned the house, and on looking under his pillow I found the revolver caso which I now produce, and on turning down tho bedclothes I found another revolver case. It was between a 'possum-skin rug and a stretcher. I askod Burgess how he became possessed of them. Ho replied, "That's my business." I thereupon took him to the station house, and had him locked uru Tile prisoner accolhpahied me to Aldriage's house, and was present when I arrested Burgess. Cross-examined by prisoner (in the absence of Mr Koes) — My wife and family resided, at tho time of the robbery, in Beach* street. On the night wo went to search Aldridge's house they were lodged in an hotel. I do not recollect who it was tliat first inforited me" of the robbery at the Camp, but it was some member of tho force. You did not tell me at tho Otago Hotel, on the night of the robbery, that 1 was wanted at once at the Camp. I do not recollect having seen you on the night of tho robbery until I got to the Camp. You were then in plain clothes. I was not in the British Hotel on tlie night of tho robbery. About two o'clock oil the morning of the 11th I played a game of billiards afc the Diggers' Arms Hotel. On the morning we searched Aldridgo's, when we came to Beach street I said, " we'll go down by the Carriers' Arms." You said, " No, I know a shorter way than that." You then led, us along a narrow passage, and showed us the way. I cannot say 'who it was that put the handcuffs oil Aldridge. I think I exercised my own judgment in arresting Aldridge, and that arrest was not at tho suggestion of any other person. Jumos Hickson, recalled, on his former oath dopoaod — After the robbery at the Camp I sent Sergeant Dyer and tho prisoner throughout the town, with instructions to search all suspicious persons. They were to look out specially for Burgess' party. In pursuance of thpso directions they both left the Camp. When they returned the following morning they reported that they had searched several placos without success. \ Cross-examined by prisoner (in absence of Mr Bees) — Immediately after the robbery was reported I sent several constables to look for Dyer. I cannot now say who was with hun when he returned to the Camp. Alexander Mcc, being called and sworn, deposed— l am a publican, and part proprietor of the Golden Ago Hotel, situate in Eevell street, Hokitika. I was in the same house in the month of May last. At one time I was in the Otago Police Force. My last situation was as sergeant wardor in the Dunedin Gaol. I recollect two men named Burgess and Kelly being confined in the Dunedi* (3-aol for about two years. After I came to reside at Hokitika I sair those men. I noticed that they were" 1 accustomed to meet at a house on the beach at the back of my place. It is kept by one Bruruniy. Knowing these men to be very determined fellows, I watched them. They were in my bar several times, and had drinks. Ido not recollect these men being" in my house itfter the month df April. Burgess appeared to have plenty of money. He had a biuich of notes in his hand. I knew the prisoner at this time. He was in the Hokitika Police Force. I saw him when he was in his uniform, and when in private clothes. I recollect having had a conversation with prisoner relative to Burgess and Kelly. This was in the month of April, and a very short time before the robbery at the camp. This conversation took jriace in my private bedroom. My wife overheard the conversation. She was at the door of the room. I asked the prisoner if he knew where Surgess and Kelly were. He replied, " No, but he believed they were knocking about the town." I said, " You'll find the whole of you at the camp very much astonished some of these fine days when you hear of the Banks being stuck-up, as I believed Burgess and Kelly we're loitering about at the back of my place for no other purpose, aud that I considered it advisable that they should be roused out of the town." Prisoner promised to attend to it. I gave this advice from my previous knowledge of the characters of these men. I saw Burgess and Kelly the next morning in my bar at the Grolden Age. They seemed to be greatly excited, and very angry with me. Three or four days after this I saw the prisoner, and had a conversation with him respecting the visit paid me by Burgess and Kelly I asked him what he meant by telling them the conversation that passed between us in the bedroom. He replied, that he had told them the conversation for the purpose of eliciting information. I said that it was a very funny style to transact business, and that I would report the matter to Inspector Broham.
Cross-examined by tho prisoner — The conversation that I first had with you, relative to Bwgess and Kelly, was in tho bedroom and not at the side street door. Ido not remember those men having accused Mr Bracken of giving information to the police. They called at my house when they first came to tho West Coast. They told me they had a good payable claim at the Kanieri. Tho Court was here adjourned for half-an-hour, and on its resuming, Henry Brunetti was called, who, on being sworn, deposed — I am proprietor of the Bridge Inn, Saltwater Lagoon. In the month of May last I was proprietor of the G-olden Fleece Hotel, Hokitika. I recollect the arre&t of one Richard Burgess on a charge of being concerned iv tho Camp robbery. At that time I knew tho prisoner at tho bar. Iv the month of May last I saw the prisoner at my house in company with Burgess and others. Ho introduced the party to me as lucky diggers from the Kauieri. I have seen a man of the name of Chamberlain in my house in company with Burgess, Kelly, and the prisoner. The prisoner at the bar appeared to be on very friendly terms with these parties. After tho arrest of Burgess, Chamberlain and (he prisoner wcre-frequently in company afc my house. Tliis was always in the evening. On these occasions the prisoner was sometimes clad in the police uniform and sometimes in civilian attire.
Cross-examined by Mr Eecs. — I cannot recollect tho date that the prisoner introduced Burgess and Kelly as lucky diggers, but I think it was about a month before the arrc3t of Burgess. I first saw the prisoner last Juno twelve months. He en id c about half a dozen times wilh Burgess and Kelly. Ido not remember any one of these occasions — that is to say I cannot fix any particular date. I don't remember when I first saw Burgess and Kelly. I merely served them the same as I would any other customers. I might have seen Burgess and Kelly in company with Chamberlain before they were introduced to me by the prisoner.
Anne Quadri, being called and strorn, deposed — I an* the wife of Daniel Quadri, tho proprietor of the West Coast Hotel. I know the prisoner at the bai\ The prisoner brought three men to my house, and introduced them to me as diggers, and requested me to provide thorn with beds. Prisoner remained about three-quarters of an hour, he then went away by himself; just as he was leaving, he told the eldest of the three men to keep away from tho street. The two youngor men quitted my house shortly after the departure of the prisoner ; the eldor one romained behind in the billiard-room for some time j he then came out to tho bar and askod " Where's Dick." Tliis was about iive minutes to 11 o'clock at night j he then left. I never knew personally partios named Kolly, Burgess and Sullivan. I have seen » photograph containing four liken#g»ps j fhe n»i»P? on t]u> pb.otpgta.ph wort
Kelly, Levy, Burgess and Sullivan. I never recognised any of the faces except that of Levy's. I asked tho prisoner when he came out of gaol if the other three likenesses that I saw were not those of the men who had been with him at my house. Hesaid.no, thepaitießho brought were two brothers. I was in Court yesterday while a parly named Sullivan was in fchd witness-box giving evidence. To the best of my knowledge he is the man who remained, behmd and asked for " Dick." I saw Sullivan about a fortnight ago in this Court. I then went home and proceeded to the prisoner's house. He was afc home a-ad I saw him. I said, " I have seen your friend to-day." He replied, "Who's he?" I said, "Sullivan," and added " That's one of the three men you brought to sleep in my house." By this I refer to the three men brought by the.prisouer to my house, and introduced by him to mo as diggers. He replied, " Sullivan is not one of the men." I said I knew by his stinnge-look-ing face that he was one of them.
Cross-examined by Mr Rees— l don't remember how long it' was before the arrest of Burgess that the prisoner brought the three men I have mentioned to my house. From the conversation I had with Sullivan I took great notice of him. At the time I saw him his face was not so pale as it is now. His cheeks were not so sunken then as they are now. The prisoner never introduced any other men to mO but those three. I don't remember the prisoner ever having introduced to me some other two or three men who wanted beds.
Re-examined by Mr Honie— The morning following the evening that the prisoner left, he returned, and asked me if those three iren (Burgess, Kelly, and Sullivan) had remained that night.
Joseph Thomas Sullivan, being called and sworn, deposed— l was at Hokitika in the month of May last. I know the prisoner at the bar. Afc that time I was acquainted with two men named Burgess and Kelly. I met them by appointment, on the evening of the 10th May, between seven and eight o'clock. We met the lower end of Revell street, near the waterman't boats. There was an arrangement made between Burgess, Kelly, and myself. Kelly wanted me to accompany him to the police barracks that evening, for 'the purpose of obtaining some firearms and police clothing from the prison. I went with Kelly on that night to the Police Camp. This would be about eight o'clock. We left Burgess beln'ud. We went down a' street near the Camp. T do not recollect the name 1 of the street. There was a right-of-way which led out to Revell street. We went about half way down the fence, and remained there for some five or ten minutes. While waiting afc the fence I saw the prisoner come across and converse with Kelly. He remained a very short time. I was distant from Kelly about twenty yards. It was a very dark night. Tho prisoner afterwards left, ' and in less than five minutes returned to Kelly. When he re-visifced Kelly he brought a pair of riding pants with him. They were made of bedford cord, and strapped with a narrow thong. I examined them at the time. The prisoner then left us, and we moved from where we then were. I received the pants from Kelly. I was there for the purpose of receiving them. After Kelly and I moved from where we were first standing, we turned round the Police Camp fence, and went into a street which leads to the wharf. Kcliy kept along the fence, and I followed the road, aud got up to my knees in some water. We both met again near the corner (Wharf street) towards the wharf. The prisoner then came to us a second time, and gave Kelly a uniform jumper,j umper, some sword-slings, a cross-belfc aud pouch and a pair of handcuffs. Kelly then brought the things to me, and I tied them up in a handkerchief. The handcuffs the prisoner brought were very similar to fchoee produced. They were not connected with a chain, but appeared as though they were all in one. I left, and went across the drain. Immediately after the prisoner again joined Kelly, and^ave him (Kelly) two revolvers in cases. They were plain leather cases. One appeared to be more worn than the other. I also received the revolvers and cases from Kelly. I then heard prisoner make an appointment with Kelly to meet liim on that night at Jones' Fire Brigade Hotel. Hokitika. Kelly and myself then left, and went on the Wharf. I should think this was about nine o'clock. From the Wharf we proceeded to the beach. Wemade our first halt somewhere at the back of Brunetti's where there were some sheepskins hanging on a fence. I saw Burgess at the Theatre on that evening at about ten o'clock. He was in the dress circle. I did not recognise any person in Ins company. I subsequently saw him at the Golden Fleece Hotel, Revell street. He was in company with some females. I left; the articles the prisoner furnished us with in tho custody of Kelly. On Saturday morning 'the 12fch May, I saw three revolvers in the possession of Burgess. I identify two of the revolvers as those given by the prisoner to Kelly afc the Police Camp fence. On the evening of the 12th May I met Burgess by appointment. I recollect Burgess being brought down in custody to this Court on the following Monday. I saw the prisoner on the 16th May, at about three o'clock in the afternoon, afc Walker's Hope aud Anchor Hotel, Revell street. He stated that he came from Burgess. He stated that he came from Burgess. He made a remark to the effect that ifc served Burgess right, as he (prisoner) had cautioned him that the police intended to search his (Burgess 1 ) house and that there wa3 a warrant issued to that effect. -He likewise said that he had induced tho police to go there to square lnmself. He also said that he would send Chamberlain to me in the evening co that he (Chamberlain) and I might give evidence on behalf of Burgess. I had an interview with the prisoner on the 19th May in Revell street. It took place after dark. I cannot recollect the nature of that conversation. Prisoner was dressed in private clother, and had a pea coat on. Ifc was buttoned at the throat. I told him that I would make a good detective. We then conversed about tbe Camp robbery. On Sunday, the 28th May" I again met the prisoner, when he told me that ho had induced Dyer to go to the Kauieri in search of Tommy — meaning Kelly. He also told me that constables had been despatched to Ross and to the Three Mile in quest of Kelly. Prisoner asked me if Kelly had the revolvers with him. Prisoner expressed the fear of Kelly's being arrested, and said that he wished he could apprehend him hnnself. On the 20th May I saw prison-.! 1 on two occasions in company with Chamberlain. This was at the Go] den Fleece Hotel. The first interview was in Chamberlain's bedroom. The object for which we met was to frame a defence for Burgess on the charge of larceny from the Police Camp. Chamberlain had a defence written out. I disapproved of that one and prisoner dictated another. The reason I objected to the first one was because I was made too much of a principle. Prisoner eaid he would give the monoy for the lawyer. He told us that we were to appear as though wo were very reluctant to give evidence. He likewise told me not to leave home, as Dyer was laid on to pull me. I left the house that night in company with prisoner, but before doing so, he paid Bmnefcti for three glasses of alo. Prisoner said that he had left his purse afc home, and would go for ifc to get some money to fee Mr Button. About 5 o'clock on that evening he returned. We went into a placo they term tho back parlor, and I asked prisoner for an explanation relative to certain letters which I had received. The letter was from Kelly, and was brought to me by DeLacy. Prisoner said he would put the police on Brummy's House, and thereby draw the attention from Kelly and Burgess. On this occasion I saw tho prisoner give Chamberlain a L 5 note for the purpose of feeing Mr Button. He (prisoner) also made the remark " This make 3 eight pounds." At this interview the pri6ouer said that he was going to leave the polico ; ho also told me to look out, a? Mv Brphqm jjad Ilia eye on. me, and ha<sf
been making enquiries as to who and what I was. On the 24th May Burgess, Kelly, prisoner, and myself, met on the beach at the back of the G-olden Fleece Ho Lei. This was at night. The prisoner was here remanded, and the Court adjourned till ten a.m. this day.
The United Extended Gold Mining Company — (lie latest formed in the Kanieri district — has fairly commenced operations, a lease of nine acres hvving been granted by the Government a few weeks ago. This ground was only partially worked on the first bottom, and comprises some of the richest portions of tno flat ; and as there is every reason to believe that bylsinkingtothebedroek, other and equallypayable layers of drift will be intersected, the speculation if properly managed promises to be a great success. The company's prospectus, which has already been published in our columns, declares that the capital will bo L 7500 in 3750 L 2 sbares, and that the present shareholders Tvill sell their interest for 125(K, paid up scrip leaving a balance of L2sd&. The 12-horse power engine and centrifugal pump of the old Star Company has been secured, and is undergoing removal to the site chosen for the main shaft, which was commenced at the beginning of this week, and as it is determined to push forward operations with the utmost vigor, we feel confident from our knowledge of the ground that speedy and good results will follow. Messrs Rees and Tyler are solicitors for the company, and from tbom intending applicants for shares can obtain further particulars.
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West Coast Times, Issue 389, 21 December 1866, Page 2
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4,653EXAMINATION OF J. A. CARR. West Coast Times, Issue 389, 21 December 1866, Page 2
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