CHAPTER XXVI.

Bushranging in New Zealand; Alleged fears of the Escort being robbed;

The First Bushranger, Henry Beresford Garrett; The Maungapatau

Murders; Arrest of Sullivan, Kelly, Burgess, and Levy in Nelson;

Sullivan's Confession; The Discovery of the Bodies; Sullivan's

Release.

The reports of extensive and rich discoveries of gold in the Otago

Province, New Zealand, in 1861, naturally attracted the floating

population of Australia to that quarter. In September the escort

brought down to Dunedin for shipment a smaller amount of "the precious

metal" than had been obtained in any previous month since the goldfield

was first proclaimed. Several reasons were given to account for this

falling off. One was that the weather had been abnormally cold, and the

freezing of the rivers had for a time put a stop to sluicing. Another

was that the gold buyers declined to pay more than £3 10s. per ounce,

and the majority of the diggers, having come from Ballarat and Bendigo

where £4 and £3 18s. 6d. per ounce were paid respectively, refused to

send their gold down and were keeping it for an anticipated rise in the

price. The _Southern Cross_, however, said that the principal reason

why the diggers were not sending their gold forward was the fear of

bushrangers. The guard sent with the escort was wholly inadequate in

the mountains through which it had to pass, and therefore the diggers

declined to entrust their earnings to its care. The _Otago Witness_

pooh-poohed this assertion and declared that there had never yet been a

case of bushranging in the colony, and that if a fair price was offered

for it by the banks and other gold buyers the gold retained on the

diggings would speedily be placed on the market. The bank authorities,

on being questioned, said that the New Zealand gold contained a larger

proportion of silver than either the Ballarat or Bendigo gold, and was

therefore of less value than the gold won on those diggings.

The boast of the _Otago Witness_ that there were no bushrangers in New

Zealand did not hold good for very long. Henry Beresford Garrett, who

was arrested in London on the charge of robbing the Bank of Victoria

at Ballarat as already related, and who was convicted in August,

1855, and sentenced to ten years' hard labour, was liberated from the

Pentridge Gaol, Melbourne, in August, 1861, on a ticket-of-leave, after

having served six years. Early in 1862 he made his appearance as the

first bushranger on record in New Zealand. The scene he chose for his

operations was the country between the Otago Goldfields and Dunedin.

In one day he is reported to have stuck up and robbed no less than

twenty-three persons near Gabriel's Gully, now known as the town of

Lawrence. His career, however, was short if lively, for he was captured

before the end of the year and sent to gaol for eight years.

In May, 1865, footpads were said to be becoming numerous about

Auckland. The _New Zealand Herald_ reported the story of a man being

bailed up while walking along Beach Street towards Mechanic's Bay. A

soldier, however, chanced to come along at the time and the robber

bolted. These petty offenders, however, appear to have been speedily

dealt with, and nothing more was heard about bushranging until the

public was startled by the reports of "the horrible Maungapatau

murders," as they were called.

It appears that Thomas Kelly, alias Noon, Richard H. Burgess, alias

Miller, and Philip Levy went to the new rush known as the West Coast

Diggings, early in 1866, and committed several robberies there. They

were shortly afterwards joined by John Joseph Sullivan, a recent

arrival from Victoria. On June 14th, Stephen Owens, landlord of the

Mitre Hotel, Nelson, went to the wharf to meet the coastal steamer

_Wallaby_, as she arrived from the west coast, and saw four men on

board. They were very shabbily dressed, but he gave one of his cards to

Levy and told him that he and his mates could obtain accommodation at

the hotel. On the following day, Sullivan and Kelly came to the hotel

in new clothes. Sullivan gave the landlord two bank notes for twenty

pounds each, and one ten pound note, and asked him to take care of them

for him. There was nothing remarkable in this. Diggers were frequently

very shabby when they returned from the diggings, and until they had

time to buy new clothes. Sullivan and Kelly appeared to have plenty of

money with them, as they spent it freely. They each ordered a pair of

trousers and a velvet vest from Charles Flood, tailor, paying £4 each

for them. They also spent £3 17s. 6d. for clothing at Merrington's

draper's shop, and Kelly paid besides £3 5s. for a dress for a woman.

He afterwards bought a bonnet, a mantle, and other articles of feminine

wear.

Levy and Burgess went to lodge at an oyster shop kept by Francis

Porcelli. They were covered with mud when they went there first, but

bought new clothes at J.M. Richardson's and other places in the town.

On June 21st, the four men were arrested and charged with the murder

of Felix Mathieu. They were remanded while the police made enquiries.

Sullivan turned Queen's evidence, and the tale he told may be

summarised as follows.

Sullivan landed at the Grey River from Victoria in 1865 with the

intention of digging. He was unlucky, and, chancing to make the

acquaintance of Kelly, Levy, and Burgess, who had been sticking up

people on the roads about the diggings for several months, he joined

them. One day they informed him that Mr. E.B. Fox, a gold buyer, of

Maori Gully, was expected to pass along the road, and they intended to

bail him up, as he was sure to have some gold or money on him. Kelly,

Levy, and Burgess hid themselves in some bushes beside the road, while

Sullivan was stationed on the road with a long-handled shovel, so that

those who passed along might take him for a road repairer. Owing to

this disguise he could keep watch without exciting suspicion. He had

not been long on watch when a man named George Dobson came along, and

asked how far it was to the coal pits. Sullivan replied "About half

a mile," and the man thanked him and walked on. When he was opposite

where the other bushrangers were hidden they fired and killed him

under the belief that he was Fox. When they discovered their mistake

they dragged the body off the road and buried it, and as it began to

rain heavily they all went to their tent. A day or two later they

went to the road again, and took up positions as before, Levy giving

orders that not a man should be allowed to pass without being searched.

Sullivan again appeared as a road-repairer, and was pretending to be at

work when an old man named James Battle, commonly known in the district

as "Old Jamie," came along with a sluicing shovel on his shoulder.

Sullivan said "Good day, mate. Where are you bound for?" Old Jamie

replied that he was going to "look for a ship," as the diggings were

"played out." Sullivan went to the ambush and reported that the man was

an old whaler and not worth robbing, but Levy said he must be brought

back. Sullivan, therefore, followed him and brought him back without

difficulty, as he had no suspicion. Kelly and Burgess seized him,

tied his hands behind him, and led him away into the bush. When they

returned they said he would not trouble them any more. They divided £3

15s., which they had taken from the old man. He had informed them that

he had not done well at the diggings, and had, therefore, taken a job

of cutting flax to earn sufficient money to enable him to get away.

Shortly after Old Jamie had been thus disposed of, Felix Mathieu, John

Kempthorne, James Dudley, and James de Pontius, store-keepers and gold

buyers from the Deep Creek Diggings, passed along the road on their way

from Nelson to Canvas Town. Two of the bushrangers stepped out from

their ambush and confronted them, calling upon them to stand. They

wheeled their horses, intending to gallop away, but found the other

two bushrangers facing them, revolvers in hand. The four travellers

then surrendered and allowed their hands to be tied behind them. Levy,

Burgess, and Kelly led them away into the bush, while Sullivan followed

the pack horse which had been let go, and which galloped a short

distance along the road and then stopped and began to feed. Sullivan

very soon caught it, and led it off the road. He took the gold and

other valuables out of the portmanteau, which was strapped on the

saddle, and shot the horse. Then he went to the camp to meet his mates.

The four bodies were discovered by William Flett, when he was out

looking for horses in the bush. They were lying less than half-a-mile

from the roadway on the Nelson side of the third creek from Franklyn's

Flat. Mathieu's body was lying in the loose ground broken up by the

uprooting of a large tree by the wind. It was on its back, the hands

tied behind, and the feet tied together at the ankles. It was sheltered

and partially hidden by the upturned roots of the fallen tree. Dudley's

body was about eighteen yards away with a handkerchief tied tightly

round the throat. Kempthorne's body was some twenty yards further,

lying on its back, untied. The body of De Pontius was lying some thirty

yards further along with a number of stones piled loosely around it,

suggesting the idea that they had been thrown at it from a short

distance. Dr. Vickerman said that Kempthorne had been shot in the head

behind the ear. The bullet and some paper were found in the wound,

showing that the shot had been fired at close range. Mathieu had been

shot in the stomach, and then stabbed. The wound was under the fifth

rib, and had apparently been made with a large knife. De Pontius had a

bullet-wound in the back of the head, and the right side of the face

was smashed, as if from the blows of rocks or stones. It was supposed

that the bullet had not killed him at once, and he was therefore stoned

to death. Dudley had been strangled.

A revolver was found in the gorse hedge at Toitoi by Constable Peter

Levy. A gun, identified by James Street as one which had been stolen

from his place on the Kamieri River, near Hokitiki, in the January

previous, was also found by the constable not far away.

Mrs. Mathieu identified Levy as a man who had frequently visited her

husband's store at Deep Creek, and exclaimed when she saw him in the

court, "Oh, Levy, Levy, how could you be such a villain?"

The police ascertained that Sullivan had sold to the banks in Nelson

gold to the value of £106 7s. 6d. Kelly had sold gold to the value of

£76 and a few shillings, and Levy had sold another lot. These, with

three nuggets which were sold together for £5 3s. 4d., made a total

of about £230 disposed of by the robbers since the murders had been

committed. It was, of course, impossible to say what proportion had

been stolen from each of the four victims, or whether the whole of it

had been taken from them.

George Jervis, a publican at Canvas Town, said that he gave the

prisoners permission to camp in an unoccupied hut not far from his

hotel. When they were leaving Burgess said "Good-bye, old boy; we're

going away from this---- country. There's nothing to be done here." The

publican had no suspicion as to the characters of the men, but thought

that they had not been very lucky recently.

Old Jamie left the diggings a short time before, and crossed the river.

The old man was well-known in the district. His body was discovered by

George James Baker, of Nelson, one of the volunteers who accompanied

Sergeant Major Shallcross and the police who started out to search for

the missing men when the murders were first reported. There was some

freshly-turned up earth near a fern root which attracted Mr. Baker's

attention. A log had been rolled across the place, and on this being

rolled aside and the earth scraped away, a portion of the clothing was

seen. The body was buried in a shallow hole, lying on its back, and

only just covered with loose earth. The trousers had been torn off, but

the other clothing remained.

The trial lasted for three days, Kelly, Levy, and Burgess being found

guilty and sentenced to death on September 17th, 1866. Sullivan was

tried separately on the 19th for the murder of Old Jamie, and a verdict

of guilty was recorded against him. He, however, received a pardon in

accordance with the terms of the Governor's proclamation.

Felix Mathieu was well-known in Australia. He was a native of

Marseilles, about forty years of age at the time of his death, and

had been in the colonies about twelve years. On his first arrival he

was employed as barman at the Union Hotel, Beechworth, after which he

opened a baker's shop at Spring Creek. When the rush took place to the

Snowy River in New South Wales he went there and opened a store, and

later on he kept a store at the Lambing Flat (Burrangong) and another

at the Lachlan (Forbes). From there he went to the west coast, New

Zealand, where he met his death as recorded.

Levy had been tried at Castlemaine, Victoria, about six years before,

on the charge of murdering a woman with whom he was living, but was

acquitted for want of confirmatory evidence.

Sullivan had been transported to Van Diemen's Land, from whence he went

to Victoria in 1853. He opened a butcher's shop at Ironbark Gully,

Bendigo, where he was well known. He removed and opened the Half-way

Inn on the road between Bendigo and Inglewood. At the time that he

sailed to New Zealand he left his wife in charge of a store at Mount

Korong and sold an allotment of land at Wedderburn to raise money to

pay for his trip. He was certainly not driven to crime through want

or poverty, and if, as he said, he was unlucky on the New Zealand

diggings, he could without much difficulty or delay have obtained

remittances from Victoria which would at least have been sufficient to

enable him to return home.

After his companions in crime had been executed, Sullivan was kept

in gaol for some months, popular feeling being so strong that it was

deemed inexpedient to release him at once. It was during this time that

he made some further revelations about his late companions. Soon after

he joined Burgess, Kelly, and Levy, he said he saw a young man sitting

propped up against the butt of a tree. He was dead. Sullivan asked

whether the body was to be buried? Kelly replied "No, better leave it

where it is. It will make people think he died from exhaustion. I've

put many a man away like that." It was supposed that he referred to the

wild times immediately following the discovery of gold in Victoria. The

young man in question had been strangled, and the robbers had taken

from his body a silver watch, a gold chain, a compass, a few shillings

in money, and a deposit receipt for £32, which they burned, to prevent

it from turning up in evidence against them.

Soon after his release he returned to Victoria, but was recognised at

Bendigo and other places and boycotted. People refused to sell him

food or to have any dealings with him whatever. The Government was

urged to put the Criminals' Influx Prevention Act (18 Vict., No. 3) in

force against him, but his case did not come under the provisions of

that Act, as he had not been sentenced to penal servitude since his

departure from Victoria. He drifted from town to town, and finally made

his way to Sydney, from whence, it was said, he went to South America

and was lost to sight.

The story of bushranging in New Zealand further illustrates the

intimate relationship between the colonies to which I have already

referred. Garrett, the first New Zealand bushranger, was an old

Victorian criminal, and the Maungapatau murderers, with whom the record

terminates, also went to the islands from the same colony, some of

them, if not all, having been previously transported from Great Britain

to Van Diemen's Land.

It may be advisable here, perhaps, to say a few words with regard

to Sullivan's evidence. The point in it to which I wish to draw

the attention of the reader is the partial exculpation of himself.

Substantially, the confession was no doubt correct, but we have only

Sullivan's own word to prove that the murders were committed by his

companions and that he himself only shot a horse. We notice a similar

effort on the part of Daniel Charters and others who have turned

Queen's evidence to minimise the share they took in the outrages with

which they were charged. Charters, indeed, went rather further than the

majority of informers and stated that he was sent away to take care of

the horses while the escort was robbed, because he was too frightened

to "risk his---- skin." He thus openly admitted his cowardice in order

apparently to justify himself, to himself, for turning informer. Of

course, his evidence may have been true in this particular, but the

constancy of this principle in informers generally of claiming that

they merely took a very secondary share in the crimes which they are

the means of bringing home to their fellows, tends to raise a suspicion

that they do, as a rule, consciously or unconsciously, endeavour to

excuse themselves to the public, and perhaps also to themselves, as a

sort of relief perhaps to their own conscience, for turning informer.

Their action in this respect contrasts strongly with that of men like

Pierce, the cannibal, or John Lynch, in making confessions after they

have been convicted. In these and other cases which might be cited the

condemned man appears to be anxious to let the public know how very

bad their actions have been. I do not say that they exaggerate their

crimes, but merely that they are particular that even the smallest

facts shall be made public. At the same time, they endeavour to satisfy

their own consciences in some way or other for what they have done.

Pierce, for instance, excused himself by saying that he must either

have killed and eaten his companions or starved, although this is not

borne out by the facts as far as they are known of his last act of

cannibalism. Lynch, on the other hand, endeavoured to prove that he

was the instrument of divine vengeance, that he had a mission. But,

whatever the excuse put forward may be, the fact remains that they take

care that their crimes shall be known to the very smallest particulars.

This point is I think worthy of the investigation of the criminologist.

History of the Australian Bushrangers · 第 26 / 31 章