1866 - [Luckie, D. M.] Illustrated Narrative of the Dreadful Murders on the Maungatapu Mountain - THE EXECUTION, p 95-102

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THE EXECUTION.

ON Friday, October the 5th, Richard Burgess (or; Hill), Thomas Kelly (or Noon), and Philip Levy perished on the scaffold erected in the Gaol-yard of Nelson. There was but a small number of spectators present, the law being that, besides officials, only ten persons shall be admitted on order of the Sheriff

Up till a late hour on the previous night or early in the morning, each prisoner was attended by the minister who had been affording him religious consolation. After the Rev. Mr. Davis and Mr. Daniell left Burgess, he slept for some hours; and Levy, with whom Mr. Isaacs continued until one in the morning, slept soundly until it was past five o'clock. Kelly was in a miserable plight. He had not slept from the time that he learned on Wednesday afternoon that the law was to be carried into effect, and during the time that the Rev. Mr. Johnstone was absent, he sat in his cell moaning bitterly and weeping; and, with the exception of a couple of small sandwiches which Mr. Johnstons had given him the evening before the execution, he had eaten nothing, and, in fact, seemed to be suffering from partial imbecility.

Burgess's dying words, as reported below, repeat his assertion of the innocence of Levy and Kelly; but, notwithstanding his protestations, and the tremendous oaths of Levy, and revoking imprecations contained in Kelly's speech, there is the fact that Burgess previously stated to Mr Davis and to Mr. Daniell that both of them were morally guilty, for they knew of the murders both before and after they were committed, and were accessories before and after the fact. They knew the whole details and arrangements; although, he added, (keeping thus far to his former statement, they were miles away when the deeds were done. Burgess stated to the same gentlemen that he felt the rope was round his neck, and that he was desirous of saving Kelly and Levy, and at the same time of implicating Sullivan and bringing him to punishment, and hence the reason of his confession and the character of the story he told.

About half-past seven the persons who were to be admitted assembled in the Gaol yard; and round the building a body of the Volunteers, under Captain McTavish, was posted. A few of the public assembled outside the gaol, and on the Church Hill, whence could be obtained a partial view of the scaffold, were congregated a considerable number of the inhabitants.

A prisoner in gaol officiated as finisher of the law; exactly at half-past seven o'clock he entered Burgess'

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cell, to pinion him, wearing a piece of black crape over his face, which, however, was no concealment, and was afterwards taken off. Burgess knew the man at once, and his entrance disturbed the calmness which he had exhibited all the morning while in conversation with Mr. Davis and Mr. Daniell. He said to the hangman, "Ah, Clarke, is it you? Well, (turning to Mr. Davis and Mr. Daniell,) this is rather hard: I know him of old; he is an old offender, and it is hard to be pinioned and led to the scaffold and executed by one of our own fraternity. Well, Clarke, proceed with your work, I am ready to be pinioned; and mind, Clarke, be you ready, and take a warning by me. Your work this day is not enviable. See to yourself and your own career." He then held out his arms for the rope. Speaking to the two gentlemen beside him, while the pinioning was proceeding, he said, "You see this man pinioning me. I am a changed man, otherwise I would not have allowed him to do it. I should have resisted them all, and they would have had to drag me to the scaffold. But I am now a tamed man, and I peaceably submit."

There has been some talk of Burgess having been a Catholic, but this is a mistake, he was not; and although it is absurd to refine about the religions belief of men who have led such dreadful lives, it might be well to explain that any attendance on the Catholic worship while he was a prisoner in Dunedin Gaol, arose from the fact that Burgess had some dispute with, or took umbrage at the gaol chaplain and refused to see him, and obtained the attendance of Father Martin, of Dunedin. That gentleman was present in the gaol yard on the morning of the execution, and Burgess shook hands with him, and addressed some conversation to him at the same time.

There is no foundation for the statement that Burgess and Kelly were in any wise intoxicated. Burgess received a little brandy and water while the hangman was pinioning him in his cell, and he merely wet his lips with it; and during the night previously he had a little of the same as a restorative which he required; but the gentlemen who were with him up to his retiring for the night, and again with him when he got up in the morning, assure us that there was not the least ground for this assertion. As for Kelly, his mind was partially unhinged, and his body worn from want of sleep and of food, and also from a severe attack of diarrhoea on the morning of the execution, which still further weakened him; and it was physical weakness and a failing mind, as testified to by the Rev. Mr. Johnstone, which caused the miserable exhibition the unhappy wretch made in the gaol yard, and on the scaffold.

When the prisoners emerged from the lobby and entered the gaol yard, they greeted each other with apparent affection, shaking hands warmly. Levy appeared the least excited of the three, and was more collected than either of the others. Burgess looked pale at first, and there was for some time a want of firmness about the muscles of the mouth and face. His gait, too, was somewhat unsteady as he went up to shake hands with one or two of the persons present. He began talking with great volubility; and as he proceeded the pallor left his face, and his eyes shone with an unnatural brightness. He also became steadier in his gait.

Kelly was a mere wreck of the dapper little man who, little more than three months ago, looked with such sharp malevolence of glance, from the bar of the Magistrate's Court, at witnesses whose story told against him, and especially at Sullivan, who, if a glance could kill, would have been slain by Kelly's. On Friday morning, Kelly had a drivelling look about him which led one to the conclusion that his mind had partially given way; and the "dying speech" which he afterwards read, replete with extravagant language, would help to bear out this idea. The writing of this speech was a very good specimen of caligraphy, and exhibited but few blunders. His appearance throughout was abject in the extreme, and the contortions of his body, as he restlessly moved from place to place, uttering incoherent ejaculations, and lavishing blessings on all around him, in spasmodic sentences, accompanied by vacant looks, and strange and painful twistings of the mouth, was a ghastly and miserable spectacle.

Burgess, in speaking, said, addressing Kelly and Levy: Well, companions in misfortune, this is the last day of our lives. Here he exhibited considerable emotion, but presently recovering himself and turning to those who were assembled in the yard, he said, Oh, gentlemen, it grieves my heart of hearts to see these two companions in this miserable position. I deserve mine, but I am grieved for that poor unfortunate Jew, and my poor friend Kelly---

Kelly: Never mind, never mind, Dick.

Burgess: For both of them are innocent; for here I swear by the God above us, whom I adore and in whom I have my trust for a future life, I must tell you now what I said before, that Sullivan is guilty of the murder of James Battle, De Pontius, and Felix Mathieu. He was the veritable murderer of poor Mr. Dobson. He is guilty of six murders, and I too am implicated in all these murders, including that of Dobson, for although I am not guilty of the actual murder of Dobson, and was not near the place when it was done, yet I knew that it was intended to murder a man, another than Dobson, that day, and I was cognisant of Dobson's murder after it was committed. This is true, and that Sullivan is the real murderer of Dobson, and also assisted at the others, and that God may have mercy on his soul is what I pray for. I forgive him, as it is my duty to do. I make this statement now, knowing that I am about to be sent into the presence of Almighty God. He then turned and shook hands with a large number of gentlemen around him, profusely invoking God's blessing on them all, and everybody in general. Mr. Tatton, Dr. Cotterell, and Mr. Hamilton were blessed by him, and had their hands fervently shaken. Mr. Inspector Shallcrass he blessed, thanked, and complimented on his promotion, and he did the same thing to Sergeant-Major Edwards, pointing to the stripes on his arm, and saying "God bless you" with an air that savored more of the stage, than the scaffold. To Mr. Daniell, who has been unremitting in his attendance on Burgess, reading pious books, and engaging frequently in devotional exercises--to him Burgess said: Mr. Daniell, my friend of friends, you who have been my supporter in trouble, and have led me to a knowledge

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of better things, may God bless you for your kindness to me, and bless all your family, and prosper you here and hereafter. To Captain Clouston, the Governor of the Gaol, he said: From you I have received much kindness and attention in prison, and you have performed your duty well. I think you are the right man in the right place, and had I been placed under the control of a person like you when I was first sent to prison in my early days, the result would have been most likely different, and I should not have been placed in my present ignominious position. May you ever continue to exercise that kindness and careful duty; and may God bless you for your kindness to me. To Mr. Yelverton, one of the warders, he gave thanks for the treatment he had received from him, and besought him to continue to try gentle measures with his prisoners, which would bring them to their duty more readily than harshness, which embitters and maddens them, and in their souls they curse the keeper. After blessing Warder Tuttie, he turned to the Rev. Mr. Davis, and to him he said: Mr. Davis, my friend, God bless you for your attention to me in my last sad extremity. Oh my friend, continue to try to turn souls to God, and lead them to seek mercy and forgiveness at his hands. Turning to the others present, he said: Seek Him in a humble spirit, my friends, and with a contrite heart, and He will not reject you. Here is a great sinner of thirty-eight years' standing going to his account, and so much am I assured of the loving-kindness and mercy of the Saviour, who has said "though your sins be as scarlet, I can make them as white as snow," that although going to that fatal scaffold, I feel as happy as if I were going to a wedding this bright and beautiful morning. This is the morning of my death, but it is also the morning of my birth into another and a brighter world, where sorrow shall pass away, and all tears be wiped from the eyes. Jesus is inviting us all to come to him; and may He in His mercy cause you to come to Him, and give you all happiness in this world and the next. And now, Mr. Sheriff, I am ready to obey the commands of the law which I have outraged, and may God in His great mercy have mercy on my poor soul.

Kelly, during Burgess's address, kept moving about in a woe-begone manner, sometimes listening to the exhortations of the Rev. Mr. Johnstone, who spoke to him, and repeated portions of scripture, some from the penitential Psalms, and others referring to God's mercy to the sinner who was truly repentant. He next came forward and produced a closely-written paper of four pages, and asked permission to read it. This being granted by the Sheriff, he proceeded to read in a voice that was distinct enough in utterance, but most wretched in its tone, several times stopping and looking piteously around him. The progress of his reading was slow, and already eight o'clock had struck, and the gun from the signal station had announced the hour of execution. At one of his stoppages, Burgess said to him: Give it to me, Tommy, I'll read it for you; you are too ill and excited this morning.

Kelly replied: No, I wish to read it myself; it's the last thing I shall do on this earth.

The following is a copy of the speech:--

THE DYING SPEECH OF THOMAS NOON, CALLED KELLY, OCTOBER 5th, 1866.

A good morning, but an unpleasant morning, to you all, countrymen, brotherly men, and spectators of one of the most awful, terrible, dreadful, fearful, shameful, painful, mournful, sorrowful, hateful, wrongful, and unjustifiable, ignominious, inglorious deaths and murders that ever took place in the wide world since the creation of Adam.

The prayer that sent the publican home, at ease and rejoiced; and I pray God will assist and give me fortitude in my hour of need, for to leave this wicked and sinful world to make my presence before the Judge of Judges, the King of Kings, and the Lord of Heaven and Earth, who sent his only begotten Son to die the death of ignominy for my sins, which faith I believe in, having been taught from my very childhood that the blood of the Immaculate Lamb can wash, cleanse, and purify the soul of the most wicked, and prepare it for eternal salvation. I know Christ came into the world to effect a renewal in man, and I believe He does effect it in all who receive Him. I believe the Spirit of God dwells in them, leads them, and guides them in truth, and causes them to set their affections on things above. I also believe, if a man is in Christ, he is a new creature, and old things are passed away, that is, things that are natural to the heart, and would be allowed in my practice if I were left to myself, are exchanged for higher desires and heavenly views, and thus I have been gradually prepared to leave a state of being in which I believe after all there much remains, if any, that is polluted, vile, or unsatisfactory; and although it is nearly at the end of my days that I began a real glorified state of spirit, soul, and body, I firmly hope and trust that the Almighty God, who has searched me and known my heart, tried me, and examined even my very thoughts, and seen if there be any such wickedness in me as to even know for a certainty of the Maungatapu Mountain murders until Sullivan had made a confession. I say that I may never be forgiven my sins upon this earth, or after I shuffle off this mortal coil and appear before my Almighty God, if I am not innocent of killing--or being with any person or persons that did kill them when they were killed--the unfortunate men upon the Maungatapu Mountain, or any other murdered men in the world. If my asseverations, declarations, and dying words be not the truth about those men, and nothing but the truth, I hope that, when I ascend the fatal and unwelcome scaffold, and the bolt is drawn that will launch me out of this world, and whilst my frail, worthless body of clay is dangling in the air, that the Devil will be waiting for the moment my soul departs from this body, for it to be borne upon the wings of the Devil to the bottomless pit of hell, at a speed more rapid than lightning, or than the light of the sun reaches our earth; yes, at a speed as quick as thought, which I believe to be the fastest thing that travels, for I can think to heaven in an instant.

I was fatigued and worn out from the hardships of my long trial, which caused me to make so brief a

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defence, for I had a long defence prepared, which I was not able to deliver; and I was so overcome by an unfathomable depth of emotion, that I did not have the thought or power to do more than I did, or I would not have asked his Honor and the jury to be my counsel. I ought to have requested for some person to have been allowed to read my defence--13 sheets of closely written foolscap paper. The world cannot guess my surprise and amazement at not being allowed to say why the sentence of the Court ought not to be passed upon me, unless what I said was law. O, my dear Cod, help me! Nine-tenths of the inhabitants of the pretty town of Nelson would not be allowed to speak if (though God forbid!) they were in mv unfortunate, unhappy, and sorrowful position. Oh! I might as well have been confined to the solving of the problems of Euclid, for I know no law. I would have dearly liked to have been allowed to speak; it would not have taken long, though I'd have said a great deal--some about his Honor Mr. Justice Johnston, and one of my jurymen, and Mr. Carter, and the man who said he was with Mr. Bown; also Sullivan, the demon of the West Coast, and the (I believe) Maungatapu Mountain assassin.

I'm going to die this morning, and I forgive everybody, as I hope the Lord and Saviour Jesus Christ to forgive me; and may the Lord have mercy upon mv soul, and bring me to life everlasting and the eternal bliss, joy, glory, love, and happiness of heaven. Too much credit cannot be given to the Christian-like community of Nelson for their zealous, persevering conduct in searching and seeking for the whereabouts of their own missing and murdered fellow creatures, totally regardless of fatigue or danger which rain, hail, frost, or sunshine, hunger or thirst, and the hardships of traversing the matted, entangled, and thick, closely-entwined jungle of parts of the forest and hush that grows more and more, both in winter and summer, in the wild and almost untrodden mountains, valleys, and other parts of the Colony of New Zealand. I have often thought of the professions of sorrow expressed both by ladies and gentlemen of the pretty (and once peaceful and quiet) town of Nelson whilst I was at times in the company of Sullivan (whom I believe to he as guilty as Burgess, and I pray God if he is, he will not reach the other side of the grave without the world knowing it). Oh yes, the residents of this town did not spare money or anything that would lead to the discovery of their enquiry, and may God bless them for it, for I believe, from the circumstances that have taken place, the Almighty God guided, assisted, and directed them. Yes. I say again God bless them for it--though poor innocent me (of the unfortunate men's murders) has to die (the death of ignominy and shame) nine hours after coming to this part of my writing, it being now nearly 11 o'clock at night. Those are the sentiments of my poor understanding (from what I have learned since my arrest) of what has taken place on the part of the people of the town, named after the gallant hero of the seas and oceans, and conqueror of the enemies of Old England, my country--Nelson, the inimitable wonder of sea-fighting and war; and I hope he's happy, God bless him, for I like a patriot.

A good-bye to all.

[The speech closed with the following hymn, copied from Reed's Hymnal, which had been furnished him by the Rev. Mr. Johnstone.]

And this hour have been fully, clearly, sincerely, and conscientiously before me the greater part of my life, but never as it should have been, or as it has been since my arrest. But, may I find life and heaven with God. So good-bye, and adieu, and farewell to everybody.

From TOMMY NOON, called KELLY.

The delivery, from Kelly's stoppages, was tedious, and time was rapidly passing, and the Sheriff more than once urged him to close, as the hour was already past. He was little more than half done with the reading when, in reply to the Sheriff, who urged him to finish, remarking that every indulgence that was possible had been granted to him, and that he must hasten,

Kelly said: They are the last words of a dying man, and I wish to read them, and have them published to the world. It is very hard if I am not allowed to do it. I can't speak readily, I am so weak. I have been crying all night, and I can't cry now; God help me. I want to read this out. Will you print it for me? (speaking to the representative of The Colonist).

Being answered in the affirmative,

Kelly said, "Very well, I'll stop;" and he put the paper in an envelope, and handed it to him. The envelope was addressed--

Rev. Mr. JOHNSTONE,
My chosen Spiritual Adviser
Thomas Noon, called Kelly,
Nelson,
New Zealand.

The Sheriff at once asked for the paper, claiming it as the property of the Crown; and it was delivered

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up to him; and later in the day was handed back for publication, after having been perused by the Sheriff. Kelly had only half finished the speech when he stopped.

While Kelly was reading his manuscript, Burgess was moving about from one to another, shaking hands. Near by Kelly, Levy was standing, looking very collectedly, but over his face there occasionally came a spasm, which spoke of inward suffering. Once, when he stooped his head in order to put his partially pinioned hands to his face, giving a convulsive sob at the time,

Burgess said to him: Cheer up, Levy, my poor fellow-sufferer; don't let your heart go down: I am going to Christ, and you are going to God, the God of Israel; so cheer up, it is soon over.

Once, when Kelly exhibited a great deal of terror, wringing his hands and moaning,

Burgess said to him: Don't do that; don't lose your self-respect, man.

At another time, after looking around him, and up at the bright blue sky overhead,

Burgess said: What a glorious morning! I feel so happy this morning, happier than I ever thought it possible I could be when so near to my death. This is a time when human nature shows its weakness, and it is not unnatural it should be weak; yet I feel happy, and in my weakness I trust in God's strength.

Again, while Kelly was still reading,

Burgess said: Poor Levy! I am so sorry for him, so grieved that he should be my companion on this fatal occasion. Sullivan, I assure you all, gentlemen, is my confederate in the murders of those unfortunate men, and not Kelly and Levy. If it were not for them, I could for myself--and justly for my crimes--die happily; but it is very hard upon them. I forgot to mention, in my last few words, something with respect to that poor man Wilson, who is now in custody on the charge of murdering Mr. Dobson. Yesterday I made a statement on oath, declaring the particulars of that murder, so far as I knew them; and I most solemnly swear now, as I did then, that Wilson was in company with me all the time that the murder was being committed. I was not present at that murder, for I was down at the township, and Wilson was with me all the time. It has gone forth in the press that poor Mr. Dobson was murdered on the 29th of May last.----

Kelly: Oh, God help us--God help us all!

Burgess: This is a mistake. I say that Mr. Dobson was murdered on the 28th of May, on a Monday afternoon, between four and five o'clock. Wilson knew nothing about it until long after it was effected and is innocent of everything, excepting of a knowledge after the fact. I knew, both before and after, that it was intended to stop another man: but I did not know that Dobson had been killed until I was told by Sullivan, who is the guilty person.

The Sheriff: Burgess, it is my duty to tell you that the time has expired, and that you must close your speaking.

Burgess: Very well; I am ready, Mr. Sheriff, to obey the sentence of the law.

Kelly: O, my God! I'm not ready. Can't you wait a minute? only two minutes.

The Sheriff: It is past the time now.

Kelly (in an imploring tone of voice, broken by sobbing): Oh, never mind that. When I must die in a few minutes, you might wait a little. (Seeing Mr. Tatton, and suddenly brightening up and smiling, he walked up to him, and, shaking hands, said:) Ah, Dr. Tatton, how are you? God bless you; I know you; I bought a bottle of scent out of your shop the very day I was arrested.

Burgess said to Mr. Trimble (the police officer who arrested him and Kelly in their tent at Wetherstone's in 1862): I freely forgive you, Mr. Trimble, for the part you had in capturing me, and I hope you forgive me. It was my intention to have stained my hands in your blood, and you had a narrow escape; but now I freely forgive you, for you were only doing your duty.

To Mr. George Jervis, the storekeeper at Wakamarina, through whose exertions the suspicion of murder was first awakened, Burgess said: Mr. Jervis, I hope you forgive me. You did your duty well, like a persevering man.

Levy next spoke. He said: I wish to have it published that I consider I have been most unmercifully treated by the Government, in not supplying me with the £25 I asked of them from my money after it was stopped from me, and which I asked for that I might procure a witness or two from the West Coast, which would have been greatly in my favor, but I was not permitted to get them. The Government have been at the expense of some thousands of pounds to get a conviction against me, and yet they refused to allow me to get any of my own money to prepare for my defence by paving for witnesses.

The Sheriff: That cannot affect your position now, Levy; and it is for no good that you delay. Make any statement you want to make about yourself, for the hour is past.

Levy: It does affect me. I am going before Almighty God, and I wish to say some things before I go. You, Mr. Sheriff, have legal possession of my body, but not my soul; that is God's. It is very hard if I am not allowed to speak. If I had got my witnesses, the Government could not have got a conviction against me, and it was most unjust that my money was stopped.

The Sheriff: You can speak of matters connected with yourself.

Levy: That is what I wish to do, and I must say that after the immense expense the Government went to against me, I got no assistance from them to enable me to prove my innocence. I applied to Mr. Sharp, to see whether he would assist me or not in getting witnesses, after my money was stopped, as I wished to have means to pay them; and the answer I got was that the subpoenas might be served, and the witnesses might come if they liked; but they would lend me no aid. The approver Sullivan, as he has been called an approver, has sworn most falsely to everything in existence against me. and in order to put my neck where his ought to be, on account of my being seen with him sometimes, and getting people to believe what he said; but I solemnly declare as a man about to go before his Maker, I solemnly declare to the Almighty God that I never saw them for six and twenty hours previous to the time that

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awful occurrence took place. I have to make a comment upon Mr. Shallcrass and his conduct. I don't wish to find fault at such a time, but the Lord Almighty tells me I must speak it, and it is better to say out now what I have to say against any one than to say it hereafter, when it will be too late. Mr. Shallcrass, he has sworn falsely to some things intimately connected with my case, and has injured me by doing so. I wished the Superintendent when I saw him yesterday, to be present to-day at my execution, as I wished him to hear what I had to say. He told me anything I wished to state he would take down for me; but I told him that what I had to say I would say in public, as I was tried in public, and if he had been here this morning he would have been witness to the words I am now about to say; and that is: that they were all giving too much sway to the approver Sullivan who has sworn my life away. When I was in cell No. 2, I was an eyewitness to the Superintendent going to Sullivan's cell, and by-and-bye Sullivan began weeping and wailing and making a great ado about his poor wife, as he called her; and the Superintendent told him not to fear, that he would get a pardon, and go to another part of the world were he was not known; and he then patted him on his cheek, and told him to cheer up. I hope Mr. Editor (he continued, addressing the editor of The Colonist,) you will see to all these facts being published, as statements made by me at my last dying moments, and which I wish the world to know. I believe from my heart if Sullivan had not been made so much of, and prompted so much as he has been, that he would never have gone the length he has gone. I must also state----

Kelly: Oh, poor Levy.

Levy: Never mind, Sullivan, the Lord is waiting for us,--Kelly I mean to say, God forgive me for saying the other's name. I must say here that I have been most unfortunate and unfairly dealt with through the press giving me an indifferent character. I was in Melbourne it is true, but I left it last September twelvemonths, and I then had with me £500 or £600 worth of property of different kinds, belonging to me; and I was never at Wood's Point in my life. The press has been against me greatly from the first time of my apprehension. Then I was cried against on my being conveyed from the lock-up to the gaol. I do not mean for the parties to be punished of whom I am about to speak, but to show the feelings of the inhabitants of Nelson against me--

The Sheriff: Since you persist in talking of these things, I must tell you you can have only a few minutes longer.

Levy: I ought not to be stopped in saying what I want to say now. It is my last chance of speaking; and I must speak of the feelings shown towards me. Had I been tried anywhere else than in Nelson, I do not believe I should have been found guilty by any jury in any other place. Then with regard to my treatment by the constable Peter Levy----

The Sheriff: You really must be quick and finish. The time has passed, and I cannot allow you to go on at this length.

[Mr. Isaacs states that the complaint that Levy had to make against this constable, was that he had called him a "bloody Jew."]

Levy: Well, then, since I am not allowed any longer time, I wish that all the few people here assembled should give special attention to what I am about to say, and I entreat you, Mr. Editor, to publish it fully to the world. I wish to say that I am innocent of the murder of Felix Mathieu, and of the murder of James Dudley, two men whom I knew well; and I am innocent also of the murder of James De Pontius and of John Kempthorne. I am innocent also of the murder of James Battle. I neither was there when they were murdered, nor did I know that they were murdered until their bodies were found ten days after my apprehension. I neither received any moneys knowingly as being the fruits of the same awful tragedy; so help me God, the God (putting his hat on his head) Jehovah above, whom alone I worship. And Kelly, my fellow sufferer, he was with me; and I declare to the Almighty One in Heaven, and to this assembly, that I am innocent of these murders. Amen.

He shook hands with one or two around him, and the three men then walked to the stair leading up to the scaffold; Burgess first, then Levy, and Kelly following, the last named, who seemed exceedingly weak, being assisted up by the officials. They were accompanied by their respective religious comforters; the Rev. Mr. Davis attending upon Burgess, the Rev. Mr. Johnstone ministering to Kelly, and Mr. Isaacs, the Hebrew Rabbi, consoling and supporting Levy.

On reaching the scaffold, Burgess walked on the drop, and selecting the centre rope that hung from the cross-beam, threw up his hands and seized it, kneeling down, and embracing and kissing it, declaring that he viewed it as a passport to heaven.

After getting to the top of the stair, Kelly came forward to the front of the scaffold, and said: Let it be taken down that I dont think the jury convicted me fairly, and that I am very dissatisfied with my trial. He was brought back and placed on the drop.

Levy walked to the further rope, nearest the wall, and said: I'll take the rope on the right side of you, Dick.

They were then facing the wall, with their backs to the front rail of the scaffold. Between them and the wall were the ministers. They all knelt, Burgess kneeling beside the Rev. Mr. Davis, who prayed with him, as did the other ministers with the two others.

As the hangman was proceeding to tie the lower parts of Kelly's arms to his sides, from the elbow downwards, the pinioning in the cell being only at the elbow,

Kelly rose, and said: Don't yet. I wish to speak a few words; I won't be long. The Judge ought to have let me say why I did not like that sentence of death should be passed upon me. He ought not to have confined me to points of law. What did poor Tommy know about law? Don't take me away! (He was being moved unwillingly to the drop.) Oh dear, oh dear! I'm not hanged, I'm murdered. I ought to be allowed to say something. (Raising his voice, and looking round to where Mr. Sharp, the Registrar of the Supreme Court, was standing) I say,

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Mr. Sharp--I say, you were wrong about that name. I did not write that name, Thomas Noon, on the gun; Burgess wrote it, not me. You made a mistake, Mr. Sharp, when you said it was me; but you did not mean it, and I forgive you. (By this time he was again on the drop, and said to the executioner,) Let me shake hands with you; don't be in a hurry, don't hurt me. I ought not to have been sentenced; and I was too weak to make a proper defence, and I ought not to have been confined to points of law. God forgive you all; I forgive everybody.

By this time Burgess and Levy were fully pinioned, their arms being bound to their sides as far as the wrists, their feet tied together at the ancles, and the white caps drawn over their faces and fixed, and the fatal noose placed round their necks. They were still kneeling with their backs to the front of the fatal platform, when

Levy, turning his head half round, said, in a deep and deliberate voice: I am innocent.

They were the last words he uttered.

Burgess said in a low tone to Mr. Davis: I die, and I deserve my fate.

Kelly got up while he was being pinioned, and wished to speak again, but was taken back. He said: You would not allow me to speak at the trial, and I ought to be heard now. Good God! I am among a Christian people, and you should hear me only for a little longer. Oh dear, you won't hear me!

Here he squatted down on the drop, in a most wretched and helpless-like condition. Being again placed on his knees, the Rev. Mr Johnstone all the time trying to bring his thoughts to the next world, the pinioning was proceeded with, when, again--

Kelly spoke. He said: I am innocent, innocent, although I am here now, and by circumstantial evidence. Never believe circumstantial evidence, nor the evidence of a murderer like him who has sworn my life away.

Good-bye to all the people of Nelson. God bless them all. I like them; they are a nice kindly people, and a Christian people. I said I should like to stop amongst them always; and if you had allowed me, and not brought me here, I should have got married in this town, and been as decent and respectable a member of society as it was possible for a man to be who had led such a life as I have.

The tying of the men being now completed, and the Rev. Mr. Johnstone, while the wretched men were still kneeling, began to repeat portions of the burial service. They were then all made to stand up and while this was being done,

Kelly cried out, "Innocent, murdered Tommy Kelly!"

Mr. Johnstone came to the fatal words, "In the midst of life we are in death the hangman drew the bolt, the drop fell, and the criminals suddenly descended a distance of about five feet, when the ropes as suddenly tightened, and the men were suspended in the air. Just as the drop was about to fall, Levy partially turned his head, as if to speak to Burgess; but he had no time to utter a word, for the bolt was drawn before he could speak. The turning of the head caused the rope partially to change its position, and the knot instead of remaining behind the ear, shifted to the back of the Lead, causing Levy's head to fall forward, and drawing the cap tightly over his face, so tightly that it caused a few drops of blood to come from his nose, which stained the cap. The heads of the two others lay with a slight inclination to the shoulders.

Burgess, beyond one slight elevation of his toes scarcely perceptible, and turning slowly half round so that his body, as did the others, faced the spectators, never moved. When he came out of the prison he held in his hand a small nosegay, consisting of a few flowers at which he frequently smelt while addressing the spectators. These flowers he took with him to the scaffold, and had them in his hand when the drop fell. He retained hold of them for about twenty-five or thirty seconds after his suspension; then the fingers relaxed their hold, and the flowers fell to the ground. Burgess seemed to be dead in about a minute after the drop fell. Levy gave one or two convulsive movements, and the hangman went below the scaffold and swung to his legs.

Kelly seemed to retain life longer than any of the two others; at least, his body, which was the lightest of the three, showed muscular movements after his companions hung lifeless, and the executioner several times pulled him by the legs.

The drop fell at twenty-eight minutes past eight; and at 8.55 the bodies were cut down, the hangman receiving Levy's in his arms, into which the corpse fell loosely and "in a heap," perfectly lifeless; as did those of Burgess and Kelly.

They were carried into the Gaol, and there stripped and examined by the Gaol Surgeon, Mr. Vickerman, and by Mr. Cotterell. The face of Burgess was markedly calm and placid, and there was a smile, almost a sweet smile on his lips; and though his half shut eyes were glazed with the dull hue of death, there was nothing in the expression or in the appearance of the face to indicate pain or suffering. Levy's face seemed longer and thinner than when he stood a living man about half-an-hour previous addressing the people present. His eyes were closed but the face though pinched and hollow, showed no signs of pain. Kelly's face had little or no expression; his lower jaw was partially fallen, and as he lay with his head level with the body, the re eding character was distinctly seen, a thing not readily observed in life from the manner in which he carried his head. Kelly was marked on the breast and both arms by tattooing. On the breast was a crucifix. On the upper part of the left aim was a representation of a couple of flags, the British and American standards crossed, and between them an Imperial crown, with the figure of a bird flying down towards the crown. Underneath was the word PEACE in capital letters. On the lower part of the left arm above the wrist, where the figures of two pugilists stripped and in fighting attitudes; beneath was the figure of a mermaid.

Owing to the perfect arrangements which were made by Captain Clouston, the Gaoler, no contretemps in the actual execution occurred. To the casual observer Burgess and Levy appeared to die instantaneously; and though Kelly moved his

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shoulders during two or three minutes, the movements were doubtless those which physicians call reflex; that is, by the circulation of venous blood in the brain and spinal cord, not prompted by any act of volition or sense of pain. Professor Taylor mentions that it has been observed in the execution of criminals that death does not always ensue within the same period of time; owing to the fact that death may occur either by obstruction of the windpipe, causing strangulation, or by the momentum which the bodies require in falling, causing sufficient violence to fracture the upper bones of the neck (the cervical vertebrae as anatomists call them); in this instance, though a fall of five feet was allowed. Drs. Cusack and Williams, who, for the purpose of verifying an important point in medical jurisprudence, made a careful post mortem, examination of the spinal cord and lungs, twelve hours after the execution, found that no injury to the spine had occurred, but that death was in each case due to asphyxia, caused by the obstruction of the windpipe.

OFFICIAL CERTIFICATE.

A certificate of the execution to be signed by a certain number of persons present, was produced by the Sheriff. It was signed by Sheriff Walmsley, Captain Wright, Messrs. Hackett, Daniell, R. Pollock, H. Redwood, junior, S. Robinson, D. M. Luckie, J. F. Merewether, Hamilton, Tatton, and La Griff.

THE INQUEST ON THE BODIES.

According to law, the Coroner, Dr. Squires, and a jury, held an inquest on the bodies of the hanged men, at half-past nine o'clock the same morning. The jurymen were: Thomas H. Harley, James Fogg Leech, Edwin Smallbone, Robson Beilby Walcot, William Lightfoot, Richard Ramsay Morton, John Barton, Samuel Fittall, John Wigzell, James M'Conkey, William Henry Barlow. Mr. Barlow was chosen foreman.

The jury at once returned a verdict to the effect that they died from strangulation produced by hanging, they having been hanged in pursuance of the sentence of the law.

After viewing the bodies, the following witnesses were called:

Robert Shallcrass, being sworn, deponed: I am Inspector of Police in Nelson. I have seen the three bodies lying dead in this room. I identify them as the bodies, of Richard Burgess. Thomas Kelly, and Philip Levy. I last saw them alive this morning at a little after eight o'clock. I saw them die. They met their death by hanging, which took place in the Gaol yard. They were hanged on the scaffold. I saw them hanged.

Benjamin Walmsley: I am Sheriff for the district of Nelson. I produce a document under the hand of Sir George Grey, by which I am authorised to carry into effect the sentence of death pronounced by Mr. Justice Johnston, at the sittings of the Supreme Court, on the 12th September last past, which was carried into effect this morning, in my presence, on the bodies of Richard Burgess, Thomas Kelly, and Philip Levy, the men who are named in the warrant.

Francis Longbourne Vickerman: I am a member of the Royal College of Surgeons, London, and Gaol Surgeon at Nelson. I have seen the three dead bodies, They are those of Richard Burgess, Thomas Kelly, and Philip Levy. The died from strangulation caused by hanging. I saw it performed. I was present at time of their death, which took place this morning about half-past eight in the Gaol yard.

This closed the official proceedings in connection with the execution. Casts of the heads of the criminals were afterwards taken by Mr. Knight. Mr. Tatton, and Mr. La Griff, the phrenologist.